Cornec -v- Morrice & Ors [2012] IEHC 376 (18 September 2012)

Cornec -v- Morrice & Ors [2012] IEHC 376 (18 September 2012)

The court declined to enforce the letters rogatory because compelling Ms. Tallant and Mr. Garde to give evidence would infringe their constitutional and ECHR rights to protect sources and communications, and the applicant failed to convincingly establish a public interest overriding those protections; their evidence was confirmatory, not essential, and the proceedings were commercial, not criminal.

Citation
[2012] IEHC 376
Parties
Plaintiff: Jean Cornec; Defendant/counter Claimant: Susan Morrice; Additional Counter Claimant/third Party Defendant: Marie Lawlor; Additional Counter Claimant/third Party Plaintiff: John Vincent Fennelly; Additional Counter Claimant/third Party Plaintiff: Sheila McCaffrey; Additional Counter Claimant/third Party Defendant: Joshua Stewart; Witness/objector: Nicola Tallant; Witness/objector: Mike Garde
Jurisdiction
Ireland
Judgment Date
18 September 2012
Procedural Posture
Application Under Foreign Tribunals Evidence Act 1856 / Motion to Set Aside Ex Parte Order for Evidence on Commission
Outcome
application refused
Legal Topics
Journalistic Privilege, Letters Rogatory, Non Disparagement Clause, Oppression, Public Interest Balancing
Evidence Conflict of Laws Constitutional Law Media Law Journalistic Privilege Letters Rogatory Non Disparagement Clause Oppression +1 more

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Parties

Jean Cornec

Plaintiff

Susan Morrice

Defendant/counter Claimant

Marie Lawlor

Additional Counter Claimant/third Party Defendant

John Vincent Fennelly

Additional Counter Claimant/third Party Plaintiff

Sheila McCaffrey

Additional Counter Claimant/third Party Plaintiff

Joshua Stewart

Additional Counter Claimant/third Party Defendant

Nicola Tallant

Witness/objector

Mike Garde

Witness/objector

Procedural Posture

Application Under Foreign Tribunals Evidence Act 1856 / Motion to Set Aside Ex Parte Order for Evidence on Commission

Legal Issues

  1. 1 Whether Irish court should enforce letters rogatory for depositions of journalist and expert in aid of Colorado proceedings
  2. 2 Whether compelling evidence would be oppressive
  3. 3 Whether journalistic privilege protects sources and communications

Ratio Decidendi

The court declined to enforce the letters rogatory because compelling Ms. Tallant and Mr. Garde to give evidence would infringe their constitutional and ECHR rights to protect sources and communications, and the applicant failed to convincingly establish a public interest overriding those protections; their evidence was confirmatory, not essential, and the proceedings were commercial, not criminal.

Court Disposition

application refused

Orders

  • Letters rogatory not enforced; witnesses not compelled to give evidence.