Dome Telecom -v- Eircom [2007] IESC 59 (05 December 2007)

Dome Telecom -v- Eircom [2007] IESC 59 (05 December 2007)

The Supreme Court held that the High Court has power to order discovery of documents created from existing raw data where such documents are necessary for the fair disposal of the proceedings, and that the order was proportionate given the relevance and necessity of the information sought, despite the technical burden imposed on Eircom.

Citation
[2007] IESC 59
Parties
Plaintiff/respondent: Dome Telecom Limited; Defendant/appellant: Eircom Limited
Jurisdiction
Ireland
Judgment Date
05 December 2007
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Discovery Order
Outcome
Appeal allowed; High Court order for Category 9 discovery set aside
Legal Topics
Discovery, Discriminatory Pricing, Market Competition, Document Creation in Discovery
Competition Law Civil Procedure Telecommunications Law Discovery Discriminatory Pricing Market Competition Document Creation in Discovery

Case Brief

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Parties

Dome Telecom Limited

Plaintiff/respondent

Eircom Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Discovery Order

Legal Issues

  1. 1 Whether the High Court can order discovery requiring creation of documents from raw data
  2. 2 Whether such an order is disproportionate given the burden imposed
  3. 3 Whether the information sought is necessary for fair disposal of the proceedings

Ratio Decidendi

The Supreme Court held that the High Court has power to order discovery of documents created from existing raw data where such documents are necessary for the fair disposal of the proceedings, and that the order was proportionate given the relevance and necessity of the information sought, despite the technical burden imposed on Eircom.

Court Disposition

Appeal allowed; High Court order for Category 9 discovery set aside

Orders

  • High Court order for creation and discovery of Category 9 documents set aside
  • No further discovery required beyond Category 8