Tobakin v Dublin Southern Districts Tramways Company

• Jurisdiction: Ireland
• Judgment Date: 14 June 1904
• Date: 14 June 1904
• Docket Number: (1904. No. 981.)
• Court: Court of Appeal (Ireland)

Tobakin

and

Dublin Southern Districts Tramways Co. (1).

K. B. Div.

Appeal.

(1904. No. 981.)

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1905.

Practice — Privilege — Discovery — Deport by agent of defendant.

In an action claiming damages for negligence the defendants, by their affidavit of discovery, claimed privilege in respect of a document mentioned in the schedule thereto. The said document consisted of a report drawn up by an agent of the defendants, who, three days after the occurrence complained of in the action, called upon the plaintiff, and took down his evidence in writing. The document was (the defendants alleged) read over on completion to the plaintiff, and was admittedly signed by the piaintiff as a marksman:—

Held, that the defendants were not entitled to exemption from discovery in respect of the said document

Motion on notice.

The action was brought by the plaintiff against the defendants to recover damages for injuries alleged to have been sustained by him through the negligence of the defendants or their servants.

The plaintiff applied for and obtained the usual order for discovery of documents, and in an affidavit sworn under the said

order the defendants' secretary stated that he had in his possession or power the document relating to the matters in question in the action, set forth in the schedule thereto, and that he objected to produce the said document on the ground that it came into existence, and was obtained, “solely for the purpose of being communicated to, or for the use of, the defendants' solicitors, in anticipation or view of litigation in respect of the alleged occurrence relied upon by the plaintiff in this action, under a reasonable apprehension of an action or claim against the defendants, or for obtaining, for the use of the said solicitors, evidence to be used in anticipated litigation, or information as to evidence which could be obtained for such purpose, for the use of the said solicitors, to enable them to conduct or advise the defendants whether to defend such litigation, or not, and, at the instance of the said solicitors, and by the directions of the defendants, for communication to the said solicitors, with a view to the defence of such litigation.”

The document in question was described in the schedule as—“Statement made on the 7th day of December, 1903, at the...