Discovery

The High Court has opined on the failure to implement reforms suggested in the 2020 Kelly report as it refused to order discovery of documents which were likely already in the possession of the applicant party, finding that discovery thereof would not be "necessary". Delivering judgment for the High

The Supreme Court has dismissed former Rehab CEO Angela Kerins’ appeal against High Court’s refusal of discovery of Dáil documents and correspondence. Delivering the leading judgment for the Supreme Court, Chief Justice Donal O’Donnell noted that "however framed, the claim i

The High Court has delivered its first written judgment confirming that the Circuit Court has jurisdiction to order examination and discovery in aid of execution of monetary judgment and that the conclusions reached in Aerospan Board Centre (Dublin) Ltd v. Dean Furniture Ltd (1989) 7 ILT 79 were err

The High Court has determined that discovery ordered by the Deputy Master of the High Court was too broad where it would capture the confidential and sensitive information of a number of 'non-parties' who had been sexually abused by the first defendant. Delivering judgment for the High Court, Mr Jus

Mason Hayes & Curran partner Gerard Kelly and associate Ciara Browne review the first Irish judgment where the High Court's ability to grant Norwich Pharmacal relief has been broadened beyond the scope previously identified by the Supreme Court. The High Court has recently granted an order to th

The High Court has granted leave to Bank of Ireland to lodge a tender in proceedings on condition that the tender only becomes effective after the conclusion of the discovery process. The lodgement application had been made after the discovery process had begun and the bank claimed that it wished to

Gerard Kelly, partner at Mason Hayes & Curran, examines the potential impact of new AI-powered tools on legal practice. E-discovery is the process by which traditional discovery, a process in litigation whereby the parties exchange and review potentially relevant documents, has been increasingly

Ronan Geary and Sharon Burke of RDJ LLP discuss two High Court judgments — in the latter of which they successfully acted for the motioning party — which emphasise the need for parties to make full and proper discovery, and in, particular, outline the importance for parties to litigation

William Fry associates Adele Hall and Leeane Grace discuss developments in discovery. The importance of the discovery process during litigation was recently emphasised by the Supreme Court in overturning the Court of Appeal's decision in Tobin v Minister for Defence [2019] IESC 57 which we discussed

An application for third-party discovery pursuant to section 32 of the Administration of Justice Act 1970 of documents held by the Police Ombudsman of Northern Ireland has been refused in the High Court in Belfast. Stating that the documents may be relevant, Master Evan Bell said that on the balance

The speed and frequency of how businesses communicate has evolved significantly over the last 20 years. Multiple emails, SMS and WhatsApp messages have replaced the traditional letter. This has had a considerable impact on the costs and resources now involved in complying with a discovery request in