A recent Court of Appeal decision1 has
reminded practitioners that interrogatories – essentially a
series of questions involving yes or no answers – should not
be disregarded as a litigation tool. Although leave of the court is
required in most High Court litigation before interrogatories can
be deployed, the decision is a reminder that the test for obtaining
such permission is not as difficult to meet as is often perceived.
Consequently, parties should not dismiss the possibility of
delivering interrogatories as a useful tool in order to narrow
issues in dispute.
Background
The case arose out of a life assurance policy which the the
widower and daughter of the deceased assured (the plaintiffs)
sought to enforce against the defendant insurance company. The
defendant contended that the contract was one of utmost good faith
and, in breach of same, the deceased failed to disclose all
material facts relating to her medical history.
