High Court, in proceedings relating to a contractual dispute over the acquisition of a financial services company by the defendant bank, makes an order for discovery in favour of the plaintiff relating to two categories of documents subject to temporal limits, on the grounds, inter alia, that the categories of documents sought were relevant and necessary, and in particular, the Court affirms that relevance in the context of a discovery request is determined on the basis of the pleadings.
Practice and procedure - discovery - discovery sought by plaintiff - defendant opposes discovery - defendant argues that because issue was only pleaded in the Reply to Defence - rather than in Statement of Claim - that the issue is not a factor for this Court to take into account in determining the discovery - plaintiff suing defendants for €20M - argues owed as balance for purchase price of group - sold under share purchase agreement - will be question of contractual interpretation - plaintiff seeking two categories - 1(a) is copies of all regulatory capital returns filed by the Group in respect of 2022 - 1(b) is documents evidencing or recording 2022 Capital Requirement Reduction Amount or the Consolidated Capital Resources Requirement - category 2 is documents evidencing or discussing capital resource requirements or the Group's regulatory capital returns - court cites phrase "relevance is determined on the basis of the pleadings and not the evidence" - category 1 mostly agreed between parties but disagreement as to temporal limit - court refuses to apply temporal limit - given it will exclude relevant documents - court analyses pleadings in detail category 2 - consideration relevance to discovery of a plaintiff’s plea which is not in the Statement of Claim - court disagrees - relevance in the context of a discovery request, ‘is determined on the basis of the pleadings’ is clear and unqualified - court finds category 2 is relevant - court further finds category is not disproportionate - discovery granted.