P J Carroll and Company Limited & Ors v The Minister for Health and Children & Ors [2005] IEHC 432 (09 December 2005)

P J Carroll and Company Limited & Ors v The Minister for Health and Children & Ors [2005] IEHC 432 (09 December 2005)

The documents sought by the defendants are not relevant to the issues to be tried because they were not before the Oireachtas when the legislation was enacted and are immaterial to the justification of the legislative measures. Even if relevant, the defendants have not demonstrated that discovery is necessary for the fair disposal of the proceedings or to save costs, as extensive expert evidence has already been prepared without recourse to the documents sought. The application for discovery is refused.

Citation
[2005] IEHC 432
Parties
Plaintiffs: PJ Carroll and Company Limited, John Player and Sons Limited, Van Nelle (Ireland), Reemtsma Cigarettenfabriken GmbH, Gallaher (Dublin) Limited, Societe Nationale d’Exploitation Industrielle des Tabacs et Allumettes (SEITA), Gerry Lawlor and Conor Fuller; Defendants: The Minister for Health and Children, Ireland, The Attorney General and The Office of Tobacco Control
Jurisdiction
Ireland
Judgment Date
09 December 2005
Procedural Posture
Commercial / Interlocutory Application for Discovery
Outcome
Application for discovery refused
Legal Topics
Discovery, Proportionality, Legislative Justification, Advertising Regulation, Public Health, Declaratory Relief
Constitutional Law Administrative Law Civil Procedure European Union Law Discovery Proportionality Legislative Justification Advertising Regulation +2 more

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Parties

PJ Carroll and Company Limited, John Player and Sons Limited, Van Nelle (Ireland), Reemtsma Cigarettenfabriken GmbH, Gallaher (Dublin) Limited, Societe Nationale d’Exploitation Industrielle des Tabacs et Allumettes (SEITA), Gerry Lawlor and Conor Fuller

Plaintiffs

The Minister for Health and Children, Ireland, The Attorney General and The Office of Tobacco Control

Defendants

Procedural Posture

Commercial / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether the documents sought by the defendants are relevant and necessary for the fair disposal of the proceedings or to save costs under Order 31, r. 12 of the Rules of the Superior Courts
  2. 2 Whether discovery is appropriate in proceedings seeking declaratory relief on the constitutionality and validity of legislation
  3. 3 Whether documents not before the Oireachtas at the time of enactment can be relevant to the justification of legislative measures

Ratio Decidendi

The documents sought by the defendants are not relevant to the issues to be tried because they were not before the Oireachtas when the legislation was enacted and are immaterial to the justification of the legislative measures. Even if relevant, the defendants have not demonstrated that discovery is necessary for the fair disposal of the proceedings or to save costs, as extensive expert evidence has already been prepared without recourse to the documents sought. The application for discovery is refused.

Court Disposition

Application for discovery refused

Orders

  • No order for discovery of the categories of documents sought by the defendants