McDonnell v. Sunday Business Post Ltd. [2000] IEHC 19 (20th February, 2000)

McDonnell v. Sunday Business Post Ltd. [2000] IEHC 19 (20th February, 2000)

Discovery may be ordered without affidavit of evidence for fair comment plea, provided the application is not a fishing expedition and relates to matters in issue as particularised in pleadings; discovery is not unfairly onerous given Plaintiff's broad pleadings; discovery should generally be limited to documents from six months prior to Plaintiff's appointment to date of publication, with post-publication documents discoverable only if drafts or related papers existed before publication.

Citation
[2000] IEHC 19
Parties
Plaintiff: Plaintiff; First Defendant: Sunday Business Post Limited
Jurisdiction
Ireland
Procedural Posture
Appeal From Order for Discovery / Interlocutory Appeal
Outcome
Appeal dismissed in part, discovery order varied
Legal Topics
Discovery, Fair Comment, Justification, Fishing Expedition, Defamation Pleadings
Civil Procedure Defamation Discovery Fair Comment Justification Fishing Expedition Defamation Pleadings

Case Brief

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Parties

Plaintiff

Plaintiff

Sunday Business Post Limited

First Defendant

Procedural Posture

Appeal From Order for Discovery / Interlocutory Appeal

Legal Issues

  1. 1 Whether the Defendant must support discovery application with affidavit of evidence for fair comment plea
  2. 2 Whether the discovery sought amounts to a fishing expedition
  3. 3 Whether discovery granted is excessively wide and onerous

Ratio Decidendi

Discovery may be ordered without affidavit of evidence for fair comment plea, provided the application is not a fishing expedition and relates to matters in issue as particularised in pleadings; discovery is not unfairly onerous given Plaintiff's broad pleadings; discovery should generally be limited to documents from six months prior to Plaintiff's appointment to date of publication, with post-publication documents discoverable only if drafts or related papers existed before publication.

Court Disposition

Appeal dismissed in part, discovery order varied

Orders

  • Discovery ordered for specified categories of documents between six months prior to Plaintiff's appointment and 29th March 1998, with post-publication documents discoverable if drafts or related papers existed before publication.
  • No order at this time for certain categories pending Defendant's affidavit; liberty to re-enter matter on notice.