Rhatigan v. Gill [1998] IEHC 180 (16th December, 1998)

Rhatigan v. Gill [1998] IEHC 180 (16th December, 1998)

It would not be just to the Plaintiffs to allow the Defendant to increase the lodgment at this late stage, given the risk of unfair advantage arising from proximity to settlement negotiations and trial, and the Defendant's own responsibility for lack of information.

Citation
[1998] IEHC 180
Parties
Plaintiff: Plaintiffs; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Application to Increase Lodgment / Pre Trial, Day of Trial Commencement
Outcome
application refused
Legal Topics
Lodgment, Settlement Negotiations, Late Lodgment, Confidentiality in Negotiations
Civil Procedure Lodgment Settlement Negotiations Late Lodgment Confidentiality in Negotiations

Case Brief

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Parties

Plaintiffs

Plaintiff

Defendant

Defendant

Procedural Posture

Application to Increase Lodgment / Pre Trial, Day of Trial Commencement

Legal Issues

  1. 1 Whether the Defendant should be permitted to increase his lodgment on the day of trial after failed settlement negotiations

Ratio Decidendi

It would not be just to the Plaintiffs to allow the Defendant to increase the lodgment at this late stage, given the risk of unfair advantage arising from proximity to settlement negotiations and trial, and the Defendant's own responsibility for lack of information.

Court Disposition

application refused

Orders

  • Defendant's application to increase lodgment is refused