RECLAIMING MOTION BY N AGAINST ASTORA WOMAN'S HEALTH LLC [2022] ScotCS CSIH_6 (23 February 2022)

RECLAIMING MOTION BY N AGAINST ASTORA WOMAN'S HEALTH LLC [2022] ScotCS CSIH_6 (23 February 2022)

The court does not have jurisdiction under case management powers or inherent powers to order disclosure of a defender's assets or insurance cover in the absence of statutory authority or compelling special circumstances. The general rule of privacy prevails, and no exception is justified in this case.

Citation
[2022] ScotCS CSIH_6
Parties
Pursuer and Reclaimer: N; Defender and Respondent: Astora Women's Health LLC
Jurisdiction
Scotland
Judgment Date
23 February 2022
Procedural Posture
Reclaiming Motion (appeal) / Appeal Against Lord Ordinary's Refusal to Order Disclosure of Assets or Insurance
Outcome
Reclaiming motion refused
Legal Topics
Case Management Powers, Disclosure of Insurance Information, Abuse of Process, Access to Justice
Civil Procedure Product Liability Case Management Powers Disclosure of Insurance Information Abuse of Process Access to Justice

Case Brief

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Parties

N

Pursuer and Reclaimer

Astora Women's Health LLC

Defender and Respondent

Procedural Posture

Reclaiming Motion (appeal) / Appeal Against Lord Ordinary's Refusal to Order Disclosure of Assets or Insurance

Legal Issues

  1. 1 Whether the court can order Astora to disclose assets or insurance cover sufficient to meet liabilities in damages and expenses
  2. 2 Whether such an order should be pronounced in the context of group proceedings for alleged defects in vaginal mesh products

Ratio Decidendi

The court does not have jurisdiction under case management powers or inherent powers to order disclosure of a defender's assets or insurance cover in the absence of statutory authority or compelling special circumstances. The general rule of privacy prevails, and no exception is justified in this case.

Court Disposition

Reclaiming motion refused

Orders

  • Case remitted for further procedure