Shell E and P Ireland Ltd v McGrath & Ors [2006] IEHC 268 (31 July 2006)

Shell E and P Ireland Ltd v McGrath & Ors [2006] IEHC 268 (31 July 2006)

Discovery is ordered only for categories of documents shown to be relevant and necessary for fair disposal of issues; fishing expeditions are not permitted. Discovery against the Minister is refused where the issue is not properly pleaded or the Minister is not a party. Affidavits of discovery must be sworn for...

Source-derived case information.

Citation
[2006] IEHC 268
Parties
Plaintiff: Shell E and P Ireland Limited; Defendant: Philip McGrath; Defendant: James B. Philbin; Defendant: Willy Corduff; Defendant: Monica Muller; Defendant: Bríd McGarry; Defendant: Peter Sweetman
Jurisdiction
Ireland
Judgment Date
31 July 2006
Procedural Posture
Civil / Interlocutory Discovery Motions and Procedural Rulings
Outcome
Discovery granted in part, refused in part; application for trial of preliminary issue dismissed; procedural orders made.
Legal Topics
Discovery, Compulsory Acquisition, Statutory Interpretation, Constitutional Challenge, Planning Permission, Public Law Issues, Privilege, Commercial Sensitivity
Civil Procedure Constitutional Law Property Law Administrative Law Discovery Compulsory Acquisition Statutory Interpretation Constitutional Challenge +4 more

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Parties

Shell E and P Ireland Limited

Plaintiff

Philip McGrath

Defendant

James B. Philbin

Defendant

Willy Corduff

Defendant

Monica Muller

Defendant

Bríd McGarry

Defendant

Peter Sweetman

Defendant

Procedural Posture

Civil / Interlocutory Discovery Motions and Procedural Rulings

Legal Issues

  1. 1 Entitlement to discovery of specific categories of documents
  2. 2 Relevance and necessity of documents for fair disposal of issues
  3. 3 Validity and effect of statutory instruments (S.I. 517 of 2001)

Ratio Decidendi

Discovery is ordered only for categories of documents shown to be relevant and necessary for fair disposal of issues; fishing expeditions are not permitted. Discovery against the Minister is refused where the issue is not properly pleaded or the Minister is not a party. Affidavits of discovery must be sworn for allowed categories. Applications for trial of preliminary issues are dismissed where agreement on facts is unlikely and the relevant parties are not properly joined.

Court Disposition

Discovery granted in part, refused in part; application for trial of preliminary issue dismissed; procedural orders made.

Orders

  • Plaintiff and State parties to swear affidavits of discovery for allowed categories.
  • Discovery ordered for specific categories as detailed in judgment.