Murphy v. Times Newspapers Ltd. [1998] IEHC 205 (23rd March, 1998)

Murphy v. Times Newspapers Ltd. [1998] IEHC 205 (23rd March, 1998)

Further and better discovery cannot be ordered merely to update discovery; must be based on evidence of undiscovered relevant documents or misunderstanding. Third party discovery of bank statements is permissible if relevant to credibility or damages, not solely to prove justification.

Citation
[1998] IEHC 205
Parties
Plaintiff: Murphy; Defendant: Times Newspapers Ltd.; Defendant: Editor of Sunday Times Newspaper; Defendant: Journalists (unnamed); Third Party: Allied Irish Banks Plc
Jurisdiction
Ireland
Procedural Posture
Defamation / Interlocutory Applications Prior to Retrial
Outcome
Plaintiff's application for further and better discovery refused; plaintiff's appeal from Master's order dismissed and order affirmed.
Legal Topics
Discovery, Justification, Damages
Civil Procedure Defamation Discovery Justification Damages

Case Brief

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Parties

Murphy

Plaintiff

Times Newspapers Ltd.

Defendant

Editor of Sunday Times Newspaper

Defendant

Journalists (unnamed)

Defendant

Allied Irish Banks Plc

Third Party

Procedural Posture

Defamation / Interlocutory Applications Prior to Retrial

Legal Issues

  1. 1 Whether further and better discovery should be ordered
  2. 2 Whether third party discovery of bank statements should be ordered

Ratio Decidendi

Further and better discovery cannot be ordered merely to update discovery; must be based on evidence of undiscovered relevant documents or misunderstanding. Third party discovery of bank statements is permissible if relevant to credibility or damages, not solely to prove justification.

Court Disposition

Plaintiff's application for further and better discovery refused; plaintiff's appeal from Master's order dismissed and order affirmed.

Orders

  • Refusal of plaintiff's application for further and better discovery
  • Dismissal of plaintiff's appeal from Master's order and affirmation of Master's order