by Robbie Slattery February-14-2019 in Litigation & Dispute Resolution
The Supreme Court will shortly consider the parameters of discovery which should be granted in civil litigation in light of contemporary considerations.
Background
This firm acts for the defendants in Tobin v Minister for Defence, in which a significant judgment1 was delivered by the Court of Appeal last year2.
The Court of Appeal decided that “[i]n cases where the discovery sought is likely to be extensive, no such order should be made unless all other avenues are exhausted and these have been shown to be inadequate”. This amounts to an obligation on the party seeking discovery to explore and exhaust all other available options before seeking discovery, such as interrogatories or notice to admit facts. This finding by the Court of Appeal has the potential to significantly reduce the burden on litigants as a result of the discovery process.
Supreme Court Determination
The plaintiff sought leave to appeal from that judgment, and leave has now been granted by the Supreme Court. In its determination3, the Supreme Court granted leave to appeal, noting that:-
“[T]here is a question of general public importance involved in the issues which potentially arise on the application for discovery in this case. There may be a case for arguing that the full breadth of discovery which has been traditionally ordered may be disproportionate in modern conditions. But even if limitations can and should appropriately be applied, an issue of general public importance arises as to the precise manner in which a court can or should seek to limit the scope of discovery, if that be permissible and appropriate in the circumstances of the case in question”4.
This means that the Supreme Court will now hear the plaintiff’s appeal and will almost certainly deliver a substantive written judgment in due course. The clarity which will be provided by that will be welcome to all litigants in this country, given the importance of the issues raised.
Conclusion
The Supreme Court has now confirmed that it will hear the substantive appeal on 14 May 2019. We will provide further updates once the Supreme Court delivers its judgment.
For further information please contact Robbie Slattery rslattery@hayes-solicitors.ie or Joe O'Malley jomalley@hayes-solicitors.ie at Hayes solicitors.
1 Tobin v. Minister for Defence [2018] IECA 230
2 For our commentary on the Court of Appeal judgment, click here
3 [2018] IESCDET 202
4 See paragraph 7 of the Supreme Court determination, which is available at here
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About the Author
Robbie Slattery
Robbie is a partner in the Commercial & Business team at Hayes solicitors. Robbie advises on items such as shareholder agreements, share purchase agreements, joint ventures, business sales and business purchases. Robbie also advises on commercial litigation with a particular focus on high value, multi-party litigation, for corporate clients, State entities, charities and private individuals, both on the Plaintiff and Defence side.