Dunne v Grunenthal GMBH & ors [2018] IEHC 798 (06 December 2018)

Dunne v Grunenthal GMBH & ors [2018] IEHC 798 (06 December 2018)

The production of the plaintiff's expert reports is not necessary for the fair disposal of the case at this stage, as the reports were referenced solely to establish the date of knowledge for limitation purposes, and their contents are immaterial to that issue. Early disclosure would confer an unfair litigious advantage on the defendants, contrary to the principles of simultaneous exchange and equality of arms.

Citation
[2018] IEHC 798
Parties
Plaintiff: Sandra Dunne; Defendant: Grunenthal GMBH; Defendant: T. P. Whelehan Son and Company Limited; Defendant: The Minister for Health and Children; Defendant: The Minister for the Environment, Community and Local Government; Defendant: The Attorney General; Defendant: Ireland
Jurisdiction
Ireland
Judgment Date
06 December 2018
Procedural Posture
Personal Injury / Interlocutory Application to Compel Production of Expert Reports
Outcome
Application refused
Legal Topics
Discovery and Inspection of Documents, Statute of Limitations, Expert Evidence, Simultaneous Exchange of Reports
Civil Procedure Personal Injury Discovery and Inspection of Documents Statute of Limitations Expert Evidence Simultaneous Exchange of Reports

Case Brief

Summary, issues, holding and outcome

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Parties

Sandra Dunne

Plaintiff

Grunenthal GMBH

Defendant

T. P. Whelehan Son and Company Limited

Defendant

The Minister for Health and Children

Defendant

The Minister for the Environment, Community and Local Government

Defendant

The Attorney General

Defendant

Ireland

Defendant

Procedural Posture

Personal Injury / Interlocutory Application to Compel Production of Expert Reports

Legal Issues

  1. 1 Whether the plaintiff should be compelled to produce expert reports for inspection prior to simultaneous exchange under S.I. 391 of 1998
  2. 2 Whether reference to expert reports in pleadings constitutes deployment and waiver of privilege
  3. 3 Whether production is necessary for the fair disposal of the case

Ratio Decidendi

The production of the plaintiff's expert reports is not necessary for the fair disposal of the case at this stage, as the reports were referenced solely to establish the date of knowledge for limitation purposes, and their contents are immaterial to that issue. Early disclosure would confer an unfair litigious advantage on the defendants, contrary to the principles of simultaneous exchange and equality of arms.

Court Disposition

Application refused

Orders

  • Refusal to compel production of plaintiff's expert reports for inspection at this stage