Berry v The Commissioner of An Garda Siochana & Anor (Approved) [2024] IEHC 406 (02 May 2024)

Berry v The Commissioner of An Garda Siochana & Anor (Approved) [2024] IEHC 406 (02 May 2024)

Discovery sought is relevant and necessary to the issues pleaded, including factual matters relating to defences of truth, qualified privilege, and honest opinion; particulars are necessary for fair hearing given imprecision of pleadings.

Citation
[2024] IEHC 406
Parties
Plaintiff/applicant: John Matthew Berry; First Named Defendant/respondent: The Commissioner of An Garda Siochana; Second Named Defendant: Noel Shannon
Jurisdiction
Ireland
Judgment Date
02 May 2024
Procedural Posture
Plenary Summons for Damages / Interlocutory Motions for Discovery and Particulars
Outcome
Discovery and particulars granted as modified; costs reserved.
Legal Topics
Discovery, Particulars, Qualified Privilege, Honest Opinion, Truth Defence, Statutory Duty, GDPR, Youth Diversion Programme
Defamation Data Protection Privacy Civil Procedure Discovery Particulars Qualified Privilege Honest Opinion +4 more

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Parties

John Matthew Berry

Plaintiff/applicant

The Commissioner of An Garda Siochana

First Named Defendant/respondent

Noel Shannon

Second Named Defendant

Procedural Posture

Plenary Summons for Damages / Interlocutory Motions for Discovery and Particulars

Legal Issues

  1. 1 Whether discovery sought is relevant and necessary to the issues pleaded
  2. 2 Whether particulars should be ordered for fair hearing
  3. 3 Whether defences of truth, qualified privilege, and honest opinion require factual particularisation

Ratio Decidendi

Discovery sought is relevant and necessary to the issues pleaded, including factual matters relating to defences of truth, qualified privilege, and honest opinion; particulars are necessary for fair hearing given imprecision of pleadings.

Court Disposition

Discovery and particulars granted as modified; costs reserved.

Orders

  • Discovery ordered for five categories of documents as specified in judgment.
  • Particulars ordered as modified, excluding date and location.