Enright v. Finn [2001] IESC 44 (17 May 2001)

Enright v. Finn [2001] IESC 44 (17 May 2001)

Discovery is only justified for documents received by the Law Society from the Director of Public Prosecutions or his agents between 21st and 27th October 1994, relevant to the limited issue permitted by the judicial review leave order. Discovery should not be ordered unless Mr Enright undertakes to discontinue his plenary proceedings against the Society, to avoid prejudicing the Society's defence.

Citation
[2001] IESC 44
Parties
Applicant/appellant: Patrick Enright; Respondent/non Party: The Incorporated Law Society of Ireland
Jurisdiction
Ireland
Judgment Date
17 May 2001
Procedural Posture
Appeal From Refusal of Discovery Order (judicial Review) / Appeal Judgment
Outcome
Appeal allowed in part, subject to conditions.
Legal Topics
Discovery Against Non Parties, Judicial Review, Privilege, Relevance of Documents, Constitutional Right to Inspect Documents
Civil Procedure Constitutional Law Criminal Law Discovery Against Non Parties Judicial Review Privilege Relevance of Documents Constitutional Right to Inspect Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Patrick Enright

Applicant/appellant

The Incorporated Law Society of Ireland

Respondent/non Party

Procedural Posture

Appeal From Refusal of Discovery Order (judicial Review) / Appeal Judgment

Legal Issues

  1. 1 Whether discovery should be ordered against a non-party (Law Society) under Order 31 Rule 29
  2. 2 Relevance of documents sought to issues in judicial review proceedings
  3. 3 Effect of concurrent plenary proceedings seeking constitutional right to inspect documents

Ratio Decidendi

Discovery is only justified for documents received by the Law Society from the Director of Public Prosecutions or his agents between 21st and 27th October 1994, relevant to the limited issue permitted by the judicial review leave order. Discovery should not be ordered unless Mr Enright undertakes to discontinue his plenary proceedings against the Society, to avoid prejudicing the Society's defence.

Court Disposition

Appeal allowed in part, subject to conditions.

Orders

  • Discovery order limited to documents received by the Law Society from the Director of Public Prosecutions or his agents between 21st and 27th October 1994.
  • Discovery subject to Mr Enright undertaking to discontinue plenary proceedings against the Society.