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.
