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Defamation - Representation of the People - Damages - Discovery of documents – Relevancy - Expression of views

Posted 1/11/2016

Facts: Following the filing of a claim for damages filed by the plaintiff for alleged libel arising out of the contents of the two live radio programmes broadcasted by the first named defendant, the first named defendant had now filed an application for the discovery of two categories of documents. The first named defendant submitted that the discovery of those documents were necessary to prove that the plaintiff was the holder of the views expressed in the radio programme in question concerning the minimum age of consent to sexual activity.
Held: Ms. Justice Baker refused the application of discovery filed by the first named defendant. The Court held that the discovery of categories of documents sought was not relevant to the main proceedings and it was merely a fishing exercise. The Court held that the first named defendant wanted the discovery of materials, which were not pleaded to be defamatory.
Norris, David v Radio Teilifis Eireann and Helen Lucy Burke
13/10/2016 No. 2012/5318 P [2016] IEHC 554

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