MERCHANTS' & MANUFACTURERS' INSURANCE COMPANY, LTD. v. DAVIES AND OWEN.

(1937) 58 Ll.L.Rep. 61

COURT OF APPEAL.

Before Sir Wilfrid Greene (Master of the Rolls) and Lord Justice Slesser.

Motor insurance-Practice-Discovery of documents-Policy issued by respondent insurance company to first defendant -Third party (second defendant) injured-Action brought by respondents for declaration that they were entitled to avoid policy on ground of non-disclosure or misrepresentation- Declaration opposed by defendants- Interlocutories-Application by defendants for further discovery of documents in plaintiffs' possession "relating to proposals or applications for insurance of motor car and motor cycle risks made to them by persons disclosing the fact that they have been once convicted of driving a motor car or motor cycle without a licence and once convicted of driving a motor car or motor cycle in a dangerous manner or of one or other of such offences"- Materiality-Relevancy-Road Traffic Act, 1934, Sect. 10-Application refused by Goddard, J.-Appeal by defendants.