Drowning In Documents? Irish Supreme Court Reasserts Traditional Discovery Tests

In our latest update, Kevin Harnett and Eugene McCormick of our Litigation team in Dublin write about a landmark decision by Chief Justice Clarke where the Irish Supreme Court has reasserted the traditional legal tests for granting discovery orders, and put the onus squarely on the requested party to demonstrate that any alleged compliance with a discovery request would be too onerous.

In a landmark decision by Chief Justice Clarke, the Irish Supreme Court has reasserted the traditional legal tests for granting discovery orders, and put the onus squarely on the requested party to demonstrate that any alleged compliance with a discovery request would be too onerous.

Though the court had regard to the burden and costs involved in the discovery process, it also considered the valuable contribution which discovery can make to the conduct of litigation and, consequently, access to justice.