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Court of Appeal allows appeal from High Court, and affirms order setting aside a decision of the Deputy Master to strike out a defence in personal injury proceedings for failure to comply with an order for discovery. The High Court found "special circumstances" related to the solicitor's health issues and the impact of COVID-19 restrictions, and that the seriousness of the issues to be litigated justified allowing the action to proceed.
Court of Appeal, High Court, default judgment, discovery order, special circumstances, COVID-19 restrictions, mental health, Garda Sergeant, defense reinstatement, public interest, fair trial, Order 27 Rule 15(2) RSC, Order 122 Rule 7 RSC, negligence, breach of duty, vicarious liability, personal injury, battery, Garda Síochána, interlocutory application, discretionary order, appellate review.
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