Harrison v Charleton (Approved) [2020] IEHC 597 (18 November 2020)

Harrison v Charleton (Approved) [2020] IEHC 597 (18 November 2020)

Discovery and interrogatories sought are neither relevant nor necessary to the determination of the judicial review proceedings, as the facts are uncontroverted, the issues are not properly pleaded, and the material is already available to the applicant. No legal or factual basis exists for the orders sought.

Citation
[2020] IEHC 597
Parties
Applicant: Keith Harrison; Respondent: Peter Charleton
Jurisdiction
Ireland
Judgment Date
18 November 2020
Procedural Posture
Judicial Review / Ruling on Application for Discovery and Interrogatories
Outcome
Application for discovery and interrogatories refused
Legal Topics
Discovery, Interrogatories, Costs, Protected Disclosures, Tribunal of Inquiry
Administrative Law Tribunal Law Civil Procedure Discovery Interrogatories Costs Protected Disclosures Tribunal of Inquiry

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Parties

Keith Harrison

Applicant

Peter Charleton

Respondent

Procedural Posture

Judicial Review / Ruling on Application for Discovery and Interrogatories

Legal Issues

  1. 1 Whether discovery and interrogatories sought are relevant and necessary to the judicial review proceedings challenging the costs decision of the Disclosures Tribunal
  2. 2 Whether the applicant was treated unequally or discriminated against in costs decisions compared to other parties
  3. 3 Whether the respondent failed to apply correct legal principles in awarding costs

Ratio Decidendi

Discovery and interrogatories sought are neither relevant nor necessary to the determination of the judicial review proceedings, as the facts are uncontroverted, the issues are not properly pleaded, and the material is already available to the applicant. No legal or factual basis exists for the orders sought.

Court Disposition

Application for discovery and interrogatories refused

Orders

  • Discovery refused for all categories sought
  • Leave to deliver interrogatories refused for all questions