Hogan v Bayer Products Ltd

JurisdictionIreland
Judgment Date01 January 1950
Date01 January 1950
CourtHigh Court
Hogan
and
Bayer Products, Ltd.

Affidavit grounding motion - No specific document or class of document mentioned therein - Material documents - Court may presume their existence from pleadings - Order for discovery - When not made as a matter of course - Disclosure of trade secret.

The plaintiff sued the defendants, a firm of manufacturers of veterinary medicine, for damages for negligence in the manufacture, preparation and issue of a certain serum, alleging that in consequence of such negligence, the plaintiff's thoroughbred mare, which had been injected with that serum, had become seriously ill. The plaintiff applied for an order for discovery by motion supported solely by an affidavit made by the plaintiff's solicitor and containing inter alia the following paragraph: "I believe from the nature of the case and from the pleadings herein that the defendants have in their possession power or procurement certain documents, books, ledgers, copy letter or other documents material and necessary for the purpose of this action." This affidavit did not more particularly specify the nature of...

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2 cases
  • Spring Grove Services (Ireland) Ltd v O'Callaghan and Others
    • Ireland
    • High Court
    • 31 July 2000
    ...COURTS (NO 2) (DISCOVERY) 1999 SI 233/1999 RSC O.31 r12 BROOKS THOMAS LTD V IMPAC LTD 1999 1 ILRM 171 HOGAN V BAYER PRODUCTS LTD 1950 84 ILTR 145 WARNER LAMBERT CO V GLAXO LABORATORIES LTD 1975 RPC 354 CHURCH OF SCIENTOLOGY OF CALIFORNIA V DEPT OF HEALTH & SOCIAL SECURITY 1979 1 WLR 723 ......
  • Brooks Thomas Ltd v Impac Ltd
    • Ireland
    • Supreme Court
    • 1 January 1999
    ...the rules to require an affidavit in all cases before discovery is ordered. Citations: RSC O.31 r12(3) HOGAN V BAYER PRODUCTS LTD 1950 84 ILTR 145 COMPAGNIE FINANCIERE DU PACIFIQUE V PERUVIAN GUANO CO 1882 11 QBD 55 HALSBURYS LAWS OF ENGLAND 4ED V13 38 1 JUDGMENT delivered on the 29th day o......

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