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Discovery ordered in complex case of alleged fraud of pension funds

By: James Cross BL

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High Court determines that, in the context of the proceedings where a family claims that they had been defrauded of €7 million in pension funds by their solicitors and financial advisors, determines that the cut off date for discovery should not be the date the proceedings issued but the date of the application, and orders discovery relevant and necessary to the proceedings.

Commercial court – applications for discovery – family claim that former solicitor, financial advisor defrauded them of €7 million in pension funds - claim that most of the €7 million has been misappropriated - claim that approximately €2.8 million of that amount was used to purchase lands unbeknownst to them - another family which claims to be the beneficial owner of the lands – facts relevant to the discovery applications - cut-off date for discovery - cut-off date should not be the date the proceedings issued - two categories of discovery remain in dispute - documents evidencing the said mechanics of the alleged fraud held by the family is relevant - depending on the exact mechanics of the alleged fraud as set out in those documents, it could indeed assist the partners in proving that the alleged fraud is sufficiently remote from their practice as solicitors – pleadings – different applications for discovery.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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