Hawthorne v Donnelly & Anor [2025] NIMaster 19 (14 November 2025)

Hawthorne v Donnelly & Anor [2025] NIMaster 19 (14 November 2025)

The plaintiff's application for summary judgment was refused because the defendants demonstrated there are substantial issues of fact and law to be tried, and their defences are credible and detailed. The second defendant's application for specific discovery was granted because the requested documents are relevant, necessary for the preparation of expert reports, and required to ensure both parties are on an equal footing.

Citation
[2025] NIMaster 19
Parties
Plaintiff: David Hawthorne; First Defendant: Ciaran Donnelly; Second Defendant: Derry City and Strabane District Council
Jurisdiction
Northern Ireland
Judgment Date
14 November 2025
Procedural Posture
Civil / Interlocutory Applications (summary Judgment and Specific Discovery)
Outcome
Plaintiff's summary judgment application refused; second defendant's specific discovery application granted.
Legal Topics
Summary Judgment, Specific Discovery, Discrimination, Personal Injury, Costs
Civil Procedure Employment Law Tort Law Summary Judgment Specific Discovery Discrimination Personal Injury Costs

Case Brief

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Parties

David Hawthorne

Plaintiff

Ciaran Donnelly

First Defendant

Derry City and Strabane District Council

Second Defendant

Procedural Posture

Civil / Interlocutory Applications (summary Judgment and Specific Discovery)

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment under Order 14 of the Rules of Court of Judicature (Northern Ireland) 1980
  2. 2 Whether the second defendant is entitled to specific discovery of unredacted medical records and documents relating to a criminal injury application

Ratio Decidendi

The plaintiff's application for summary judgment was refused because the defendants demonstrated there are substantial issues of fact and law to be tried, and their defences are credible and detailed. The second defendant's application for specific discovery was granted because the requested documents are relevant, necessary for the preparation of expert reports, and required to ensure both parties are on an equal footing.

Court Disposition

Plaintiff's summary judgment application refused; second defendant's specific discovery application granted.

Orders

  • Plaintiff's application for summary judgment is refused.
  • Second defendant's application for specific discovery is granted.