Hireservices (E) Ltd & anor v An Post (Approved) [2020] IECA 120 (29 April 2020)

Hireservices (E) Ltd & anor v An Post (Approved) [2020] IECA 120 (29 April 2020)

The respondents' affidavits of discovery were deficient in failing to individually list privileged documents and to properly address documents once in their possession but no longer held. Given these deficiencies and the need for compliance with the Rules of the Superior Courts, the respondents must deliver a single composite affidavit of discovery in full compliance with the rules, including an explanation of steps taken to ascertain the existence of documents no longer held.

Citation
[2020] IECA 120
Parties
Plaintiffs/respondents: Hireservices E and Hireservices I Limited; Defendant/appellant: An Post
Jurisdiction
Ireland
Judgment Date
29 April 2020
Procedural Posture
Appeal / Judgment on Appeal From High Court Order Refusing Further and Better Discovery
Outcome
Appeal allowed
Legal Topics
Discovery, Affidavit of Discovery, Privilege, Compliance With Rules of the Superior Courts
Civil Procedure Discovery Affidavit of Discovery Privilege Compliance With Rules of the Superior Courts

Case Brief

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Parties

Hireservices E and Hireservices I Limited

Plaintiffs/respondents

An Post

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From High Court Order Refusing Further and Better Discovery

Legal Issues

  1. 1 Whether the respondents' affidavits of discovery complied with the Rules of the Superior Courts
  2. 2 Whether further and better discovery should be ordered
  3. 3 Whether privilege was properly claimed and scheduled

Ratio Decidendi

The respondents' affidavits of discovery were deficient in failing to individually list privileged documents and to properly address documents once in their possession but no longer held. Given these deficiencies and the need for compliance with the Rules of the Superior Courts, the respondents must deliver a single composite affidavit of discovery in full compliance with the rules, including an explanation of steps taken to ascertain the existence of documents no longer held.

Court Disposition

Appeal allowed

Orders

  • Respondents to deliver a single composite affidavit of discovery in full compliance with the Rules of the Superior Courts, listing all documents in their possession, power or procurement within the agreed categories, properly scheduling all privileged documents, and explaining steps taken to ascertain documents once...