Johnson v. Church of Scientology & Ors [2001] IESC 112 (27 February 2001)

Johnson v. Church of Scientology & Ors [2001] IESC 112 (27 February 2001)

The defendants are not obliged to discover documents held by the English Church of Scientology as there is no enforceable legal right to obtain them, and no agency relationship was established; discovery is limited to documents in possession, custody, or power as defined by the rules.

Citation
[2001] IESC 112
Parties
Plaintiff/respondent: Mary Johnson; Defendant/appellant: Church of Scientology, Mission of Dublin, Limited; Defendant/appellant: John Keane; Defendant/appellant: Tom Cunningham; Defendant/appellant: Gerard Ryan
Jurisdiction
Ireland
Judgment Date
27 February 2001
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Discovery, Possession, Custody, Power, Agency, Enforceable Legal Right
Civil Procedure Discovery Possession Custody Power Agency Enforceable Legal Right

Case Brief

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Parties

Mary Johnson

Plaintiff/respondent

Church of Scientology, Mission of Dublin, Limited

Defendant/appellant

John Keane

Defendant/appellant

Tom Cunningham

Defendant/appellant

Gerard Ryan

Defendant/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether defendants are obliged to discover documents held by a foreign entity allegedly acting as agent
  2. 2 Whether documents not in possession, custody, or power must be discovered
  3. 3 Interpretation of 'power' under Order 31, Rule 12 of the Rules of the Superior Courts

Ratio Decidendi

The defendants are not obliged to discover documents held by the English Church of Scientology as there is no enforceable legal right to obtain them, and no agency relationship was established; discovery is limited to documents in possession, custody, or power as defined by the rules.

Court Disposition

appeal allowed

Orders

  • Plaintiff not entitled to discovery sought; High Court order for discovery set aside.