A.G. v. Gibson [2003] IEHC 80 (25 November 2003)

A.G. v. Gibson [2003] IEHC 80 (25 November 2003)

The respondent failed to provide sufficient information or evidence to show that the documents sought were necessary to advance the argument of res judicata; a mere assertion of relevance and necessity is insufficient for discovery or disclosure.

Citation
[2003] IEHC 80
Parties
Applicant: The Attorney General; Respondent: Peter Gibson
Jurisdiction
Ireland
Judgment Date
25 November 2003
Procedural Posture
Extradition Application / Interlocutory Application for Discovery/disclosure of Documents
Outcome
Application for discovery/disclosure refused
Legal Topics
Discovery of Documents, Res Judicata, Extradition Proceedings
Criminal Law Extradition Law Discovery of Documents Res Judicata Extradition Proceedings

Case Brief

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Parties

The Attorney General

Applicant

Peter Gibson

Respondent

Procedural Posture

Extradition Application / Interlocutory Application for Discovery/disclosure of Documents

Legal Issues

  1. 1 Whether the respondent is entitled to discovery or disclosure of documents relating to a prior refusal of extradition by the District Court
  2. 2 Whether the issue of extradition is res judicata

Ratio Decidendi

The respondent failed to provide sufficient information or evidence to show that the documents sought were necessary to advance the argument of res judicata; a mere assertion of relevance and necessity is insufficient for discovery or disclosure.

Court Disposition

Application for discovery/disclosure refused

Orders

  • Application for discovery/disclosure of documents is refused