DS v Minister for Defence & Ors (Approved) [2025] IEHC 412 (24 June 2025)

DS v Minister for Defence & Ors (Approved) [2025] IEHC 412 (24 June 2025)

Discovery of categories C, J, K, and P is refused or substituted due to lack of relevance, excessive burden, vagueness, or duplication; alternative discovery from O'Shea case is sufficient and proportionate to plaintiff's needs.

Source-derived case information.

Citation
[2025] IEHC 412
Parties
Plaintiff: DS; Defendant: Minister for Defence; Defendant: Ireland; Defendant: Attorney General
Jurisdiction
Ireland
Judgment Date
24 June 2025
Procedural Posture
Personal Injury / Appeal Against Discovery Order
Outcome
Defendants' appeal allowed in part; disputed discovery categories deleted or substituted.
Legal Topics
Discovery, Proportionality, Malaria Prophylaxis, Psychiatric Injury, Military Employment
Civil Procedure Employment Law Medical Negligence Discovery Proportionality Malaria Prophylaxis Psychiatric Injury Military Employment

Source-derived case record

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Parties

DS

Plaintiff

Minister for Defence

Defendant

Ireland

Defendant

Attorney General

Defendant

Procedural Posture

Personal Injury / Appeal Against Discovery Order

Legal Issues

  1. 1 Whether disputed categories of discovery are relevant, necessary, and proportionate to the plaintiff's case
  2. 2 Whether alternative discovery offered by defendants suffices for plaintiff's requirements
  3. 3 Whether cost and burden of discovery justify limiting scope

Ratio Decidendi

Discovery of categories C, J, K, and P is refused or substituted due to lack of relevance, excessive burden, vagueness, or duplication; alternative discovery from O'Shea case is sufficient and proportionate to plaintiff's needs.

Court Disposition

Defendants' appeal allowed in part; disputed discovery categories deleted or substituted.

Orders

  • Delete categories C, J, K from Deputy Master's discovery order.
  • Substitute category O with provision of names and Medical Council registration numbers of doctors who prescribed Lariam to plaintiff.