Lawless -v- Aer Lingus Group PLC [2016] IECA 235 (29 July 2016)

Lawless -v- Aer Lingus Group PLC [2016] IECA 235 (29 July 2016)

The documents sought in categories 1 to 4 (pilot qualifications, training, supervision) and the extended flight data in category 8 were neither necessary nor relevant to the issues to be determined at trial, as liability would turn on whether the landing was negligent in the circumstances, not on the pilot's qualifications or actions before or after touchdown. The High Court correctly refused discovery as the application amounted to a fishing expedition.

Citation
[2016] IECA 235
Parties
Plaintiff/appellant: Lorraine Lawless; Defendant/respondent: Aer Lingus Group plc
Jurisdiction
Ireland
Judgment Date
29 July 2016
Procedural Posture
Personal Injuries Appeal / Appeal From High Court Interlocutory Order on Discovery
Outcome
Appeal dismissed
Legal Topics
Discovery, Relevance and Necessity of Documents, Employer's Liability, Aviation Law
Civil Procedure Personal Injury Discovery Relevance and Necessity of Documents Employer's Liability Aviation Law

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Parties

Lorraine Lawless

Plaintiff/appellant

Aer Lingus Group plc

Defendant/respondent

Procedural Posture

Personal Injuries Appeal / Appeal From High Court Interlocutory Order on Discovery

Legal Issues

  1. 1 Whether the High Court erred in refusing discovery of certain categories of documents sought by the plaintiff in a personal injuries action against her employer.
  2. 2 Whether the documents sought were necessary and relevant to the issues to be determined at trial.

Ratio Decidendi

The documents sought in categories 1 to 4 (pilot qualifications, training, supervision) and the extended flight data in category 8 were neither necessary nor relevant to the issues to be determined at trial, as liability would turn on whether the landing was negligent in the circumstances, not on the pilot's qualifications or actions before or after touchdown. The High Court correctly refused discovery as the application amounted to a fishing expedition.

Court Disposition

Appeal dismissed

Orders

  • High Court order refusing discovery of disputed categories affirmed.