Craddock v Raidio Teilifís Eireann and Kavanagh v Raidio Teilifís Eireann [2014] IESC 32 (07 February 2014)

Craddock v Raidio Teilifís Eireann and Kavanagh v Raidio Teilifís Eireann [2014] IESC 32 (07 February 2014)

The case was sufficiently exceptional to justify pre-pleading discovery because the plaintiffs had no means of knowing what version of the programme was shown to parents, and in the context of defamation by broadcast, it is unrealistic to expect a clear statement of claim without access to the relevant recordings.

Citation
[2014] IESC 32
Parties
Plaintiff/respondent: Lisa Craddock; Plaintiff/respondent: Sandra Kavanagh; Defendant/appellant: Raidio Teilifís Eireann (RTE)
Jurisdiction
Ireland
Judgment Date
07 February 2014
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order for Pre Pleading Discovery in Defamation Actions
Outcome
Appeal dismissed; High Court order for discovery upheld.
Legal Topics
Discovery Before Pleadings, Exceptional Circumstances for Discovery, Defamation by Broadcast, Drafting Statement of Claim in Defamation
Civil Procedure Defamation Discovery Before Pleadings Exceptional Circumstances for Discovery Defamation by Broadcast Drafting Statement of Claim in Defamation

Case Brief

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Parties

Lisa Craddock

Plaintiff/respondent

Sandra Kavanagh

Plaintiff/respondent

Raidio Teilifís Eireann (RTE)

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order for Pre Pleading Discovery in Defamation Actions

Legal Issues

  1. 1 Whether pre-pleading discovery should be granted in defamation actions involving broadcast material
  2. 2 What constitutes exceptional circumstances justifying discovery before close of pleadings

Ratio Decidendi

The case was sufficiently exceptional to justify pre-pleading discovery because the plaintiffs had no means of knowing what version of the programme was shown to parents, and in the context of defamation by broadcast, it is unrealistic to expect a clear statement of claim without access to the relevant recordings.

Court Disposition

Appeal dismissed; High Court order for discovery upheld.

Orders

  • Discovery of the recording of the 'Breach of Trust' programme shown to parents at Links Crèche, Malahide, and any transcript of what was shown to them, to be made prior to delivery of statement of claim.