Duncan v. Governor of Portlaoise Prison [1997] IEHC 13; [1997] 1 IR 558; [1997] 2 ILRM 296 (23rd January, 1997)

Duncan v. Governor of Portlaoise Prison [1997] IEHC 13; [1997] 1 IR 558; [1997] 2 ILRM 296 (23rd January, 1997)

Cross-examination on Affidavits of Discovery is not permitted except in extremely rare cases where other remedies are inadequate; legal professional privilege and executive privilege claims are valid and preclude production or inspection of documents; further and better discovery is not warranted at this stage but will be revisited after pleadings are exchanged.

Citation
[1997] IEHC 13
Parties
Applicant: Applicant; Notice Party: Minister for Justice; Notice Party: Attorney General; Notice Party: Director of Public Prosecutions
Jurisdiction
Ireland
Procedural Posture
Article 40 Habeas Corpus Inquiry / Interlocutory Application Regarding Discovery and Privilege
Outcome
Application dismissed in all respects except direction for further Affidavits of Discovery after pleadings.
Legal Topics
Discovery, Legal Professional Privilege, Executive Privilege, Cross Examination on Affidavit, Habeas Corpus
Constitutional Law Criminal Law Civil Procedure Discovery Legal Professional Privilege Executive Privilege Cross Examination on Affidavit Habeas Corpus

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Parties

Applicant

Applicant

Minister for Justice

Notice Party

Attorney General

Notice Party

Director of Public Prosecutions

Notice Party

Procedural Posture

Article 40 Habeas Corpus Inquiry / Interlocutory Application Regarding Discovery and Privilege

Legal Issues

  1. 1 Whether cross-examination on Affidavits of Discovery is permissible
  2. 2 Whether legal professional privilege and executive privilege claims are valid
  3. 3 Whether further and better discovery should be ordered

Ratio Decidendi

Cross-examination on Affidavits of Discovery is not permitted except in extremely rare cases where other remedies are inadequate; legal professional privilege and executive privilege claims are valid and preclude production or inspection of documents; further and better discovery is not warranted at this stage but will be revisited after pleadings are exchanged.

Court Disposition

Application dismissed in all respects except direction for further Affidavits of Discovery after pleadings.

Orders

  • Application to cross-examine on Affidavits of Discovery dismissed.
  • Application for Court inspection and editing of privileged documents dismissed.