O'R. (M.) v. L. (C. ) [1998] IESC 41 (9th November, 1998)

O'R. (M.) v. L. (C. ) [1998] IESC 41 (9th November, 1998)

Discovery in nullity proceedings must follow ordinary rules, requiring disclosure of all relevant documents, with legal advisers determining what should be disclosed.

Citation
[1998] IESC 41
Parties
Applicant: Petitioner; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Nullity Suit / Appeal
Outcome
Appeal allowed in part; substituted order for discovery in the ordinary way.
Legal Topics
Discovery, Marriage Nullity, Medical Evidence
Family Law Civil Procedure Discovery Marriage Nullity Medical Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Petitioner

Applicant

Respondent

Respondent

Procedural Posture

Nullity Suit / Appeal

Legal Issues

  1. 1 Scope of discovery in nullity proceedings
  2. 2 Relevance of medical documents to marital capacity

Ratio Decidendi

Discovery in nullity proceedings must follow ordinary rules, requiring disclosure of all relevant documents, with legal advisers determining what should be disclosed.

Court Disposition

Appeal allowed in part; substituted order for discovery in the ordinary way.

Orders

  • Order for discovery of all relevant documents in the ordinary way, subject to legal advisers' determination.