Rushbrooke v O'Sullivan and Hibernian Fire & General Insurance Company Ltd

Judgment Date01 January 1926
Date01 January 1926
Docket Number(1924. No. 11,853.)
CourtSupreme Court (Irish Free State)
S. C.,
O'Sullivan, and the Hibernian Fire and General Insurance Co., Ltd.

Claim of privilege - Affidavit - Identification of documents - Or. XXXI., r. 13, of the Rules of the Supreme Court, 1905.

In an affidavit of discovery made on behalf of a defendant company the documents for which privilege was claimed were referred to in the schedule to the affidavit as follows: —"Correspondence and reports between the defendant company, or its solicitors, and W. H. & Co., and notes and memoranda with reference thereto—all marked 'B.'" The documents marked "B" were parcelled together in a bundle, the papers not being separately marked or individually identified in any way:—Held, affirming Johnston, J., that the defendant company must make a further and better affidavit: Per Kennedy, C.J., and FitzGibbon, J.: Because the affidavit was not sufficient to comply with Or. XXXI., r. 13, as it did not identify in the schedule the documents for which privilege was claimed. Documents which it is sought to except from discovery must be specified, and for this purpose they...

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