Popovici & Anor v Nicholson & Ors [2006] IEHC 152 (26 April 2006)

Popovici & Anor v Nicholson & Ors [2006] IEHC 152 (26 April 2006)

Discovery is granted only in respect of documents already in existence and relevant to the judicial review proceedings; the scope of discovery is limited to avoid fishing expeditions and does not require respondents to create or compile new documents or statistics.

Source-derived case information.

Citation
[2006] IEHC 152
Parties
Applicant: Leonid Popovici; Applicant: Anna Andreeva; Respondent: James Nicholson; Respondent: The Refugee Appeals Tribunal; Respondent: Ireland; Respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
26 April 2006
Procedural Posture
Judicial Review / Interlocutory Application for Discovery Pending Substantive Hearing
Outcome
Application for discovery granted in part and refused in part.
Legal Topics
Discovery, Judicial Review Procedure, Refugee Appeals, Bias in Administrative Decision Making
Administrative Law Immigration Law Discovery Judicial Review Procedure Refugee Appeals Bias in Administrative Decision Making

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Leonid Popovici

Applicant

Anna Andreeva

Applicant

James Nicholson

Respondent

The Refugee Appeals Tribunal

Respondent

Ireland

Respondent

The Attorney General

Respondent

Procedural Posture

Judicial Review / Interlocutory Application for Discovery Pending Substantive Hearing

Legal Issues

  1. 1 Whether the applicants are entitled to discovery of documents from the respondents in the context of judicial review proceedings concerning refugee appeals.
  2. 2 Whether the scope of discovery sought is appropriate or constitutes a 'fishing expedition'.
  3. 3 Whether respondents are obliged to create or compile documents/statistics not already in existence for the purpose of discovery.

Ratio Decidendi

Discovery is granted only in respect of documents already in existence and relevant to the judicial review proceedings; the scope of discovery is limited to avoid fishing expeditions and does not require respondents to create or compile new documents or statistics.

Court Disposition

Application for discovery granted in part and refused in part.

Orders

  • Respondents to make discovery of documents as specified in the judgment, limited to documents already in existence and relevant to the judicial review.
  • Respondents are not required to create or compile new documents or statistics for the purpose of discovery.