Breslin & Ors v McKenna & Ors [2007] NICA 14 (15 March 2007)

Breslin & Ors v McKenna & Ors [2007] NICA 14 (15 March 2007)

The order for production of documents was necessary for the fair disposal of the action; privilege against self-incrimination did not preclude production as the documents were third-party generated and already used in criminal proceedings; no proven impediment under Irish law or requirement for leave of the Special Criminal Court was established; the proceedings were compensatory, not penal, and did not violate Articles 6 or 7 ECHR.

Citation
[2007] NICA 14
Parties
Plaintiffs/respondents: Mark Christopher Breslin and Others; Defendant/appellant: Seamus McKenna; Defendant/appellant: The Real Irish Republican Army; Defendant/appellant: John Michael Henry McKevitt; Defendant/appellant: Liam Campbell; Defendant/appellant: Michael Colm Murphy; Defendant/appellant: Seamus Daly
Jurisdiction
Northern Ireland
Judgment Date
15 March 2007
Procedural Posture
Civil Appeal / Appeal Against Order for Production of Documents (discovery)
Outcome
Appeal dismissed
Legal Topics
Discovery of Documents, Privilege Against Self Incrimination, Article 6 ECHR (fair Trial), Article 7 ECHR (no Penalty Without Law), Comity of Courts, Public Policy in Disclosure, Burden of Proof in Discovery
Civil Procedure Human Rights Evidence Discovery of Documents Privilege Against Self Incrimination Article 6 ECHR (fair Trial) Article 7 ECHR (no Penalty Without Law) Comity of Courts +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Mark Christopher Breslin and Others

Plaintiffs/respondents

Seamus McKenna

Defendant/appellant

The Real Irish Republican Army

Defendant/appellant

John Michael Henry McKevitt

Defendant/appellant

Liam Campbell

Defendant/appellant

Michael Colm Murphy

Defendant/appellant

Seamus Daly

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Against Order for Production of Documents (discovery)

Legal Issues

  1. 1 Whether the order for production of documents was necessary for fair disposal of the action
  2. 2 Whether privilege against self-incrimination precluded production of documents
  3. 3 Whether leave of the Special Criminal Court in Dublin was required for production

Ratio Decidendi

The order for production of documents was necessary for the fair disposal of the action; privilege against self-incrimination did not preclude production as the documents were third-party generated and already used in criminal proceedings; no proven impediment under Irish law or requirement for leave of the Special Criminal Court was established; the proceedings were compensatory, not penal, and did not violate Articles 6 or 7 ECHR.

Court Disposition

Appeal dismissed

Orders

  • Order for production of documents affirmed
  • Case to proceed to trial without further delay