Rafferty v. Lamp Post Construction Co. Ltd. [2003] IEHC 37 (29 April 2003)
The plaintiff's application for discovery was refused because it lacked specificity, relied on general pleas of statutory breach, and did not relate to material issues causally linked to the accident. The plaintiff had sufficient evidence without discovery, and the statutory breaches alleged were not material to the...
Source-derived case information.
- Citation
- [2003] IEHC 37
- Parties
- Plaintiff: Nicholas Rafferty; Defendant: Lamp Post Construction Company Limited
- Jurisdiction
- Ireland
- Judgment Date
- 29 April 2003
- Procedural Posture
- Application for Discovery / Decision of the Master of the High Court
- Outcome
- application refused
- Legal Topics
- Discovery, Breach of Statutory Duty, Negligence, Safety Regulations
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Rafferty
Plaintiff
Lamp Post Construction Company Limited
Defendant
Procedural Posture
Application for Discovery / Decision of the Master of the High Court
Legal Issues
- 1 whether the plaintiff's application for discovery meets the specificity required by law
- 2 whether the alleged breaches of statutory duty are material to the cause of action
Ratio Decidendi
The plaintiff's application for discovery was refused because it lacked specificity, relied on general pleas of statutory breach, and did not relate to material issues causally linked to the accident. The plaintiff had sufficient evidence without discovery, and the statutory breaches alleged were not material to the cause of action.
Court Disposition
application refused
Orders
- application for discovery is refused
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