In a recent High Court Case, a helpful checklist was identified by Mr Justice Max Barrett to aid the court in considering a request for discovery; this should come as a welcome development for litigation practitioners and their clients.
This 2017 case of Walsh -v- The Health Service Executive follows other helpful cases in the area of discovery such as Framus -v- CRH (2004) and O’Driscoll – v- I.B.R.C. (2014).
However, it goes further than previous cases dealing with the principles of discovery in identifying a consolidated checklist to be considered by the court in determining whether or not to grant an application for discovery.
Mr Justice Barrett expanded on the principles set out by the Supreme Court in the Framus case, which established the principles of discovery applied by Irish Courts today, in creating the following consolidated checklist:
Where the answer to any of the above questions is “no”, the application for discovery ought generally to be rejected; where the answer to each of the above questions is “yes”, the application ought generally to be ordered. However, doing so in each case is at the Court’s discretion.
If you have a query in relation to a litigation or dispute resolution matter, please get in touch with: