STT Risk Management v Transdev (Approved) [2021] IEHC 214 (24 March 2021)

STT Risk Management v Transdev (Approved) [2021] IEHC 214 (24 March 2021)

A modular hearing is ordered to address liability first, with quantum and reliefs to follow if liability is established. Transdev is entitled to discovery of documents evidencing STT's alleged loss. STT is permitted further discovery from Transdev under Order 31 rule 12(11) due to necessity for formulating its damages claim, despite oversight by its advisers, as refusal would be disproportionate and impede fair disposal of the claim.

Citation
[2021] IEHC 214
Parties
Plaintiff: S. T. T. Risk Management; Defendant: Transdev
Jurisdiction
Ireland
Judgment Date
24 March 2021
Procedural Posture
Commercial Dispute / Interlocutory Discovery Motions
Outcome
Discovery Order granted
Legal Topics
Discovery, Modular Trial, Damages, Confidential Information, Tender Process
Commercial Law Contract Law Civil Procedure Discovery Modular Trial Damages Confidential Information Tender Process

Case Brief

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Parties

S. T. T. Risk Management

Plaintiff

Transdev

Defendant

Procedural Posture

Commercial Dispute / Interlocutory Discovery Motions

Legal Issues

  1. 1 Whether a modular trial should be ordered
  2. 2 Whether Transdev is entitled to discovery of documents evidencing STT's alleged loss
  3. 3 Whether STT is entitled to further discovery from Transdev under Order 31 rule 12(11)

Ratio Decidendi

A modular hearing is ordered to address liability first, with quantum and reliefs to follow if liability is established. Transdev is entitled to discovery of documents evidencing STT's alleged loss. STT is permitted further discovery from Transdev under Order 31 rule 12(11) due to necessity for formulating its damages claim, despite oversight by its advisers, as refusal would be disproportionate and impede fair disposal of the claim.

Court Disposition

Discovery Order granted

Orders

  • Modular hearing directed: liability to be tried first, quantum and reliefs to follow if liability established.
  • Transdev ordered to make discovery of documents evidencing STT's alleged loss.