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ARTICLE · 07 APRIL 2022

Is Change On The Horizon For The Disclosure Regime Under Order 39, Rule 46 RSC?

William Fry LLP
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In a recent decision, O'Flynn v HSE & Ors [2022] IECA 83, the Court of Appeal (CoA) considered the interpretation and application of Order 39, Rule 46 of the Rules of the Superior Courts (RSC).

IrelandLitigation, Mediation & Arbitration
Margaret Muldowney
Margaret Muldowney
Mary Cooney
Mary Cooney
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In a recent decision, O'Flynn v HSE & Ors [2022] IECA 83, the Court of Appeal (CoA) considered the interpretation and application of Order 39, Rule 46 of the Rules of the Superior Courts (RSC).  Order 39, Rule 46 sets out the disclosure rules in High Court personal injury claims, regarding the exchange of expert reports.  The decision suggests a novel roadmap to resolve the impasse between the parties in the case. 

High Court 

The fourth defendant (defendant) sought an order directing the plaintiff to exchange all expert reports listed on her Schedule of Experts and Witnesses as required under Order 39, rule 46 RSC.  Order 39, rule 46 provides for the exchange of a schedule listing all reports from expert witnesses to be called by the parties (Schedule).  The parties are then required to exchange copies of the reports listed in their respective Schedules.  

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