Court Encourages Alternatives To Discovery

Tobin v The Minister for Defence Ireland and The Attorney General [2018] IECA 230

Modern discovery rules and procedure came under more scrutiny in the recent Court of Appeal decision delivered by Judge Hogan on 09 July 2018.

Background

The plaintiff was a mechanic with the Air Corps at Casement Aerodrome in the early 1990s. He alleges that he suffered personal injuries arising from exposure to toxic chemicals in the workplace. The plaintiff sought 15 categories of documents dating back almost 30 years from the Minister for Defence, 13 of which were granted by the High Court. The Minister for Defence challenged the High Court order on the basis that it would take 10 members of staff to be diverted from their duties and some 220 man hours to compile the discovery.

Court of Appeal

In describing the operation of the current discovery regime as a "crisis", Judge Hogan voiced judicial concerns regarding the breadth of...