Tobin -v- Minister for Defence & ors [2016] IEHC 547 (07 October 2016)

Tobin -v- Minister for Defence & ors [2016] IEHC 547 (07 October 2016)

Discovery of documents relating to chemicals used at Casement Aerodrome, including safety data sheets and records of purchase and use, is necessary and relevant to the plaintiff's claim and not unduly oppressive. The scope of discovery should include all relevant areas where the plaintiff worked, not just the ERF workshop.

Citation
[2016] IEHC 547
Parties
Plaintiff: Gavin Tobin; Defendant: Minister for Defence; Defendant: Ireland; Defendant: Attorney General
Jurisdiction
Ireland
Judgment Date
07 October 2016
Procedural Posture
Personal Injury Action / Discovery Application
Outcome
Order for discovery granted in respect of categories (i) and (ii) and other relevant categories, with limitations imposed on overly broad requests.
Legal Topics
Discovery, Workplace Safety, Exposure to Hazardous Substances, Employer's Duty of Care, Statutory Duty, Negligence
Employment Law Personal Injury Health and Safety Law Civil Procedure Discovery Workplace Safety Exposure to Hazardous Substances Employer's Duty of Care +2 more

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Parties

Gavin Tobin

Plaintiff

Minister for Defence

Defendant

Ireland

Defendant

Attorney General

Defendant

Procedural Posture

Personal Injury Action / Discovery Application

Legal Issues

  1. 1 Whether discovery of documents relating to chemicals used at Casement Aerodrome is necessary and relevant to the plaintiff's claim
  2. 2 Whether the scope of discovery sought is proportionate and not oppressive
  3. 3 Whether the plaintiff's exposure to hazardous chemicals occurred in areas beyond the ERF workshop

Ratio Decidendi

Discovery of documents relating to chemicals used at Casement Aerodrome, including safety data sheets and records of purchase and use, is necessary and relevant to the plaintiff's claim and not unduly oppressive. The scope of discovery should include all relevant areas where the plaintiff worked, not just the ERF workshop.

Court Disposition

Order for discovery granted in respect of categories (i) and (ii) and other relevant categories, with limitations imposed on overly broad requests.

Orders

  • Defendants to make discovery of Material Safety Data Sheets regarding chemicals utilised at Casement Aerodrome between 1 January 1990 and 1 September 1999.
  • Defendants to make discovery of records concerning chemicals purchased for use in relevant workshops and areas during the period.