Brooks Thomas Ltd. v. Impac Ltd. [1998] IESC 18; [1999] 1 ILRM 171 (29th July, 1998)

Brooks Thomas Ltd. v. Impac Ltd. [1998] IESC 18; [1999] 1 ILRM 171 (29th July, 1998)

Further discovery of the handbooks, guidebooks, and standard reference works is not necessary for disposing fairly of the action or for saving costs, as all relevant documents relating to the contract and work done have already been discovered and the documents sought do not advance either party's case.

Citation
[1998] IESC 18
Parties
Defendant/appellant: Impac International Ltd.; Plaintiff/respondent: O'Sullivan & Sons Ltd.
Jurisdiction
Ireland
Procedural Posture
Appeal / Appeal From High Court Order for Further Discovery
Outcome
Appeal allowed; High Court order for further discovery reversed; motion for further discovery dismissed.
Legal Topics
Discovery, Breach of Contract, Confidentiality, Trade Secrets
Civil Procedure Contract Law Discovery Breach of Contract Confidentiality Trade Secrets

Case Brief

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Parties

Impac International Ltd.

Defendant/appellant

O'Sullivan & Sons Ltd.

Plaintiff/respondent

Procedural Posture

Appeal / Appeal From High Court Order for Further Discovery

Legal Issues

  1. 1 Whether further discovery of handbooks, guidebooks, and standard reference works indicating the Impac approach to management consultancy/engineering is necessary for fair disposal of the action or saving costs

Ratio Decidendi

Further discovery of the handbooks, guidebooks, and standard reference works is not necessary for disposing fairly of the action or for saving costs, as all relevant documents relating to the contract and work done have already been discovered and the documents sought do not advance either party's case.

Court Disposition

Appeal allowed; High Court order for further discovery reversed; motion for further discovery dismissed.

Orders

  • Order of High Court for further discovery reversed
  • Motion for further discovery dismissed