P J Carrigan v Norwich Union Fire Society Ltd

• Jurisdiction: Ireland
• Judge: O'Hanlon J.,
• Judgment Date: 13 November 1987
• Neutral Citation: 1989 WJSC-HC 675
• Docket Number: [1983 No. 812P],No. 812 P/1983
• Court: High Court
• Date: 13 November 1987

1989 WJSC-HC 675

THE HIGH COURT

No. 812 P/1983

P J CARRIGAN v. NORWICH UNION FIRE SOCIETY LTD

BETWEEN/

P.J. CARRIGAM LIMITED AND P.J. CARRIGAN

PLAINTIFFS

AND

NORWICH UNION FIRE SOCIETY LIMITED AND SOCTTISH UNION ANDNATIONAL INSURANCE COMPANY

DEFENDANTS

1 Judgment of O'Hanlon J.,delivered the 13th day of November 1987.

2 In this case the Plaintiffs claim against their insurers in respect of the destruction by fire of a dwellinghouse at Rathcore, Enfield, Co. Meath. The Defendants have repudidated liability on a number of grounds, and an Order for discovery of documents and Cross-Order have been made in the course of the proceedings. The Plaintiffs are dissatisfied with the discovery made by the Defendants and now apply for an Order for further and better discovery, with particular reference to a report from Scully, Tyrell & Co., Loss Adjusters, which was sought and obtained by the Defendants prior to the institution of these proceedings. The Defendants have disclosed the existence of this report but claim privilege in respect thereof.

3 The issue which I have to try is not unlike that which arose in the case of Silver Hill Duckling Limited and Others .v. The Minister for Agriculture and Others, (judgment delivered the 31st October, 1986), and accordingly I do not consider it necessary in the present case to review again the authorities which were referred to in that decision. I adhere to the view expressed by me in thejudgment in that case that privilege from disclosure may be claimed by a party to litigation in respect of a document which has come into existence prior to the existence prior to the commencement of proceedings, where it can be shown that the dominant purpose for the document coming into existence in the first place was the purpose of preparing for litigation then apprehended or threatened. (of Crompton .v. Customs and Excise Commrs. (1973) 2 AER 1169; Waugh .v. British Railways Board, (1980) AC 521).

4 The fire which occurred in the Plaintiff" premises broke out on the 22nd May, 1981. Notification was given to the insurers on or about the 5th June, 1981 that a claim was being made under the policy. The insurers immediately sought a report from the Loss Adjusters, Messrs. Scully, Tyrell and Co., and received a report dated the 8th June, 1981, headed "Privileged Private and Confidential for the attention of Legal Advisers only". Subsequent follow-up reports were also furnished, headed "...