Ryanair Ltd -v- Quigley [2015] IEHC 776 (09 December 2015)

Ryanair Ltd -v- Quigley [2015] IEHC 776 (09 December 2015)

Discovery was granted for categories of documents that are relevant and necessary to the pleaded issues and the defences of honest opinion and fair and reasonable publication, where the defendant has provided sufficient particulars or factual basis. Discovery was refused for categories where no supporting facts were pleaded or provided, as these amounted to a fishing exercise.

Citation
[2015] IEHC 776
Parties
Plaintiff: Ryanair Ltd; Defendant: Ray Quigley
Jurisdiction
Ireland
Judgment Date
09 December 2015
Procedural Posture
Defamation / Interlocutory Application for Discovery
Outcome
Discovery granted in part and refused in part
Legal Topics
Discovery, Honest Opinion Defence, Fair and Reasonable Publication, Pleadings, Relevance and Necessity of Documents
Defamation Civil Procedure Discovery Honest Opinion Defence Fair and Reasonable Publication Pleadings Relevance and Necessity of Documents

Case Brief

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Parties

Ryanair Ltd

Plaintiff

Ray Quigley

Defendant

Procedural Posture

Defamation / Interlocutory Application for Discovery

Legal Issues

  1. 1 Whether the defendant is entitled to discovery of documents from the plaintiff in support of the defences of honest opinion and fair and reasonable publication under the Defamation Act 2009
  2. 2 Whether the categories of documents sought are relevant and necessary to the issues pleaded

Ratio Decidendi

Discovery was granted for categories of documents that are relevant and necessary to the pleaded issues and the defences of honest opinion and fair and reasonable publication, where the defendant has provided sufficient particulars or factual basis. Discovery was refused for categories where no supporting facts were pleaded or provided, as these amounted to a fishing exercise.

Court Disposition

Discovery granted in part and refused in part

Orders

  • Discovery of airfield specific briefings to pilots for category B and C (Captain Only) airfields for the three years prior to 14 January 2012 (Category 2)
  • Discovery of reports, communications, advice or warnings from aviation authorities or relevant bodies regarding air-safety at category B and C airfields for the same period (Category 3)