McMahon -v- Irish Aviation Authority [2016] IEHC 805 (29 February 2016)

McMahon -v- Irish Aviation Authority [2016] IEHC 805 (29 February 2016)

Discovery of documents identifying when the respondent's investigation team became aware that no factually sustainable evidence existed to support the applicant's suspension is relevant and necessary to the applicant's claim for aggravated damages and must be granted.

Citation
[2016] IEHC 805
Parties
Applicant: Paul McMahon; Respondent: Irish Aviation Authority
Jurisdiction
Ireland
Judgment Date
29 February 2016
Procedural Posture
Judicial Review / Discovery Motion
Outcome
Order for discovery granted for Category 1 documents.
Legal Topics
Discovery, Damages, Aggravated Damages

Case Brief

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Parties

Paul McMahon

Applicant

Irish Aviation Authority

Respondent

Procedural Posture

Judicial Review / Discovery Motion

  1. 1 Whether the applicant is entitled to discovery of documents identifying when the respondent's investigation team became aware that no factually sustainable evidence existed to support the applicant's suspension.

Ratio Decidendi

Discovery of documents identifying when the respondent's investigation team became aware that no factually sustainable evidence existed to support the applicant's suspension is relevant and necessary to the applicant's claim for aggravated damages and must be granted.

Court Disposition

Order for discovery granted for Category 1 documents.

Orders

  • Respondent to disclose all documents identifying when it became apparent to its investigation team that no factually sustainable evidence existed to support the applicant's suspension.
  • Discovery to be completed within 6 weeks from the date of judgment.