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Novel contractual claim in medical device case not suitable for interrogatory process
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High Court refuses to grant an order for the delivery of interrogatories in a case involving a plaintiff's claim against multiple defendants, including the Health Service Executive (HSE) and a public hospital, concerning the alleged insertion of a medical device without her knowledge. on the grounds that: the interrogatory sought to confirm a legal question rather than establish a fact, and thus did not meet the criteria for the use of interrogatories as set out in the rules of court; and the complexity of the contractual claim in question necessitated legal analysis beyond the scope of the interrogatory process.
Health Service Executive (HSE) - public hospital - medical device - Sale of Goods and Supply of Services Act 1980 - interrogatories - Order 31 RSC 1986 - contractual claim - personal injury - medical negligence - product liability - private medical services - statutory corporate body - manufacturer liability - novel legal claim - complexity of legal relationship - factual matters vs. legal issues.
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