Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Discovery request refused in mortgage contract dispute
|
or click here to request site subscription to search and view all judgments |
The High Court has refused an application by a litigant in person seeking discovery of original documents to assist in drafting a statement of claim against a mortgage provider. The plaintiff's request was deemed premature, as the court highlighted the necessity for pleadings to be closed before discovery can be ordered, except in exceptional circumstances. The court also declined to grant a stay on related Circuit Court proceedings or any other ancillary reliefs sought by the plaintiff. The case will return to the Non-Jury List, with a motion to strike out by the defendant adjourned to accompany the substantive motion.
High Court, discovery application, litigant in person, statement of claim, Start Mortgages DAC, pleadings, exceptional circumstances, Circuit Court proceedings, ancillary reliefs, Non-Jury List, motion to strike out, Bank of Scotland (Ireland) Ltd, mortgage contract, securitisation, Consumer Protection (Regulation of Credit Servicing Firms) Act 2015, General Data Protection Regulation (GDPR), European Convention on Human Rights (ECHR), Treaty on the Functioning of the European Union (TFEU), Rules of the Superior Courts (RSC).
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
