Norris -v- Radio Teilifis Éireann & anor [2016] IEHC 554 (13 October 2016)

Norris -v- Radio Teilifis Éireann & anor [2016] IEHC 554 (13 October 2016)

The application for discovery was refused because the documents sought were not relevant to the pleaded defence of truth, which was expressly linked to the contents of a taped interview. The defendant's attempt to obtain discovery of documents to support a case not pleaded amounted to a fishing expedition, which is not permissible under the law of discovery in defamation proceedings.

Citation
[2016] IEHC 554
Parties
Plaintiff: David Norris; First Defendant: Radio Teilifis Éireann; Second Defendant: Helen Lucy Burke
Jurisdiction
Ireland
Judgment Date
13 October 2016
Procedural Posture
Application for Discovery in Defamation Proceedings / Interlocutory Application
Outcome
Application for discovery refused
Legal Topics
Discovery, Pleadings, Justification (truth) Defence, Relevance of Evidence, Fishing Expeditions
Defamation Civil Procedure Discovery Pleadings Justification (truth) Defence Relevance of Evidence Fishing Expeditions

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Parties

David Norris

Plaintiff

Radio Teilifis Éireann

First Defendant

Helen Lucy Burke

Second Defendant

Procedural Posture

Application for Discovery in Defamation Proceedings / Interlocutory Application

Legal Issues

  1. 1 Whether the documents sought by the first defendant are relevant and necessary to the pleaded defence of truth in a defamation action
  2. 2 Whether the application for discovery constitutes a fishing expedition

Ratio Decidendi

The application for discovery was refused because the documents sought were not relevant to the pleaded defence of truth, which was expressly linked to the contents of a taped interview. The defendant's attempt to obtain discovery of documents to support a case not pleaded amounted to a fishing expedition, which is not permissible under the law of discovery in defamation proceedings.

Court Disposition

Application for discovery refused

Orders

  • No order for discovery is made in respect of the two categories of documents sought by the first defendant.