Wales v Charlton & Ors (Approved) [2024] IEHC 586 (31 July 2024)

Wales v Charlton & Ors (Approved) [2024] IEHC 586 (31 July 2024)

Inspection of the originals of the deed of novation and global deed of transfer is necessary for the fair disposal of the proceedings and for saving costs. The exception for documents relating to defendants' title under Order 31 rule 15 does not preclude inspection under Order 31 rule 18(2).

Citation
[2024] IEHC 586
Parties
Plaintiff: Matthew Wales; Defendant: Luke Charleton; Defendant: Marcus Purcell; Defendant: Everyday Finance DAC
Jurisdiction
Ireland
Judgment Date
31 July 2024
Procedural Posture
Application for Order for Inspection of Documents / Interlocutory
Outcome
application granted
Legal Topics
Discovery, Inspection of Documents, Documents of Title, Mortgage Assignment
Civil Procedure Discovery Inspection of Documents Documents of Title Mortgage Assignment

Case Brief

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Parties

Matthew Wales

Plaintiff

Luke Charleton

Defendant

Marcus Purcell

Defendant

Everyday Finance DAC

Defendant

Procedural Posture

Application for Order for Inspection of Documents / Interlocutory

Legal Issues

  1. 1 Whether the defendants must produce originals of the deed of novation and global deed of transfer for inspection prior to trial
  2. 2 Whether documents relating to defendants' title are exempt from pre-trial inspection under Order 31 rule 15
  3. 3 Whether inspection is necessary for fair disposal of proceedings or saving costs under Order 31 rule 18(2)

Ratio Decidendi

Inspection of the originals of the deed of novation and global deed of transfer is necessary for the fair disposal of the proceedings and for saving costs. The exception for documents relating to defendants' title under Order 31 rule 15 does not preclude inspection under Order 31 rule 18(2).

Court Disposition

application granted

Orders

  • Defendants to produce originals of deed of novation and global deed of transfer for inspection prior to trial
  • Court may inspect documents in unredacted form before plaintiff's inspection to determine necessity of redactions