Friday 13 December 2019

Quinn family have no confidence in disclosure

Sean Quinn. Photo: Gerry Mooney
Sean Quinn. Photo: Gerry Mooney

Tim Healy

MEMBERS of Sean Quinn's family say they have no confidence in a disclosure of documents process by a bank they are suing over the alleged unlawful issuing of €2.3billion in loans to family companies.

The Quinns say the system of revealing the material - including the contents of phone calls to the former Anglo Irish Bank - was deficient and means they cannot have confidence in the overall process of legal discovery being provided in advance of their High Court action.

Mr Quinn's wife Patricia, and the couple's five children, are suing Anglo's successor, Irish Bank Resolution Corporation (IBRC) and IBRC liquidator Kieran Wallace, alleging Anglo unlawfully issued the loans during 2007 and 2008.

Bankrupt businessman Sean Quinn Senior and two former senior Quinn Group executives, Dara O'Reilly and Liam McCaffrey, are third parties in the case.

They want Ms Justice Caroline Donnelly to strike out IBRC'S defence or alternatively order better discovery in compliance with a July 2012 court order.

The judge reserved her decision.

The Quinns suggest experts in electronic discovery from both sides should meet to sort out differences over how thousands of phone calls and electronic documents relevant to the case can be retrieved and assessed for relevance.

IBRC argues it has complied with discovery using the latest technology to trawl through all the material to find what is relevant.

This was proportionate, given the "sheer volume" of material and the cost of discovery, which has run to €1.55m.

The bank says a "drift-net approach" demanded by the Quinns will not meet legal obligations, because it will always involve human judgment of the material.

The Quinns dispute claims by the IBRC that everything possible has been done to make full discovery.

Irish Independent

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