Harris v. Fagan [1999] IESC 21 (22nd January, 1999)

Harris v. Fagan [1999] IESC 21 (22nd January, 1999)

The plea of justification was not sufficiently wide or specific to allow the discovery sought; vague references such as 'and your history' do not justify discovery of documents relating to the plaintiff's competence as a solicitor.

Citation
[1999] IESC 21
Parties
Plaintiff/respondent: Stephen Fagan; First Defendant/appellant: Anthony Harris; Second Defendant: May Fagan (nee Malone)
Jurisdiction
Ireland
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Discovery, Pleadings, Justification, Slander
Defamation Civil Procedure Discovery Pleadings Justification Slander

Case Brief

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Parties

Stephen Fagan

Plaintiff/respondent

Anthony Harris

First Defendant/appellant

May Fagan (nee Malone)

Second Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the plea of justification is sufficiently wide to allow discovery of documents relating to the plaintiff's history and dealings as a solicitor
  2. 2 Whether discovery should be ordered in a slander action where justification is pleaded only in respect of certain words

Ratio Decidendi

The plea of justification was not sufficiently wide or specific to allow the discovery sought; vague references such as 'and your history' do not justify discovery of documents relating to the plaintiff's competence as a solicitor.

Court Disposition

appeal dismissed

Orders

  • No discovery order granted to appellant
  • Order of High Court judge affirmed