O'Brien -v- Red Flag Consulting Ltd & Ors [2017] IECA 258 (13 October 2017)

O'Brien -v- Red Flag Consulting Ltd & Ors [2017] IECA 258 (13 October 2017)

The identity of the defendants’ client is not relevant to the issues between the plaintiff and these defendants under the Peruvian Guano test, as it does not advance the plaintiff’s case or damage the defendants’ case. The plaintiff failed to establish a factual basis for discovery under Norwich Pharmacal jurisdiction, and the application is res judicata. Discovery of documents evidencing publication was properly refused as the plaintiff did not provide sufficient evidence to support the plea.

Citation
[2017] IECA 258
Parties
Plaintiff: Denis O’Brien; Defendants: Red Flag Consulting Limited and Others
Jurisdiction
Ireland
Judgment Date
13 October 2017
Procedural Posture
Civil Appeal / Appeal From High Court Order on Discovery
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Discovery, Conspiracy, Defamation, Norwich Pharmacal Jurisdiction, Aggravated and Exemplary Damages
Civil Procedure Defamation Tort Discovery Conspiracy Norwich Pharmacal Jurisdiction Aggravated and Exemplary Damages

Case Brief

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Parties

Denis O’Brien

Plaintiff

Red Flag Consulting Limited and Others

Defendants

Procedural Posture

Civil Appeal / Appeal From High Court Order on Discovery

Legal Issues

  1. 1 Whether the identity of the defendants’ client is relevant and discoverable under the Peruvian Guano test
  2. 2 Whether the plaintiff is entitled to discovery to identify a concurrent wrongdoer under Norwich Pharmacal jurisdiction
  3. 3 Whether documents evidencing publication of the dossier are discoverable

Ratio Decidendi

The identity of the defendants’ client is not relevant to the issues between the plaintiff and these defendants under the Peruvian Guano test, as it does not advance the plaintiff’s case or damage the defendants’ case. The plaintiff failed to establish a factual basis for discovery under Norwich Pharmacal jurisdiction, and the application is res judicata. Discovery of documents evidencing publication was properly refused as the plaintiff did not provide sufficient evidence to support the plea.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • Discovery of documents identifying or tending to identify the defendants’ client refused.
  • Discovery of documents evidencing publication of the dossier refused.