During Questioning related to a motor vehicle incident, it emerged that the Appellant, who was the Plaintiff in the Action, had been involved in a number of other motor vehicle incidents. The Appellant objected to answering questions about the other accidents. The Chambers Judge directed that some of the questions, and related undertakings, were relevant and material, which the Appellant appealed.

The Parties agreed that a party adverse in interest must produce records and answer all relevant and materials questions, and that the scope of disclosure in outlined in Rules 5.2, 5.5, 5.6 and 5.17. Further, Rule 5.3 provides an overall discretion in the Court to prevent improper or grossly disproportionate Questioning.

After considering the objections to questions and undertakings, the Court found that questions and undertakings about prior accidents were relevant and material because the Appellant may have already been suffering from injuries at the time of the incident in issue. However, the questions about the Appellant’s present living and economic circumstances were not relevant and were contrary to the rule against examining on credibility alone. As such, the Appeal was allowed in part, and the Appellant was ordered to answer the approved outstanding questions in writing.