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Ryanair p.l.c. v Aer Rianta c.p.t. [2003] IESC 62; [2003] 4 IR 264 is a reported Irish Supreme Court case that dealt with the law of discovery. In his judgement, Fennelly J. reinforced the test that discovery will only be granted if the court is satisfied that the documents sought are: (i) relevant to the issues in the proceedings; and (ii) that discovery is necessary for fairly disposing of the matter and for saving costs. The court noted that in order for documents to satisfy this test the applicant does not have to prove that they are, "in any sense absolutely necessary". Rather all he has to do is prove that he would suffer a "litigious disadvantage by not seeing them". The burden of proof rests firmly on the party seeking the discovery.

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  • Ryanair p.l.c. v Aer Rianta c.p.t. (en)
rdfs:comment
  • Ryanair p.l.c. v Aer Rianta c.p.t. [2003] IESC 62; [2003] 4 IR 264 is a reported Irish Supreme Court case that dealt with the law of discovery. In his judgement, Fennelly J. reinforced the test that discovery will only be granted if the court is satisfied that the documents sought are: (i) relevant to the issues in the proceedings; and (ii) that discovery is necessary for fairly disposing of the matter and for saving costs. The court noted that in order for documents to satisfy this test the applicant does not have to prove that they are, "in any sense absolutely necessary". Rather all he has to do is prove that he would suffer a "litigious disadvantage by not seeing them". The burden of proof rests firmly on the party seeking the discovery. (en)
name
  • Ryanair P.L.C. v Aer Rianta C.P.T. (en)
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citations
  • [2003] IESC 62, [2003] 4 IR 264, [2004] 1 ILRM 241 (en)
court
full name
  • Ryanair P.L.C. v Aer Rianta C.P.T. [2003] 4 IR 264 (en)
italic title
  • Ryanair P.L.C. v Aer Rianta C.P.T (en)
judges
  • Fennelly J., McCracken J., and Denham J. (en)
keywords
  • Discovery, Necessity, Relevance (en)
has abstract
  • Ryanair p.l.c. v Aer Rianta c.p.t. [2003] IESC 62; [2003] 4 IR 264 is a reported Irish Supreme Court case that dealt with the law of discovery. In his judgement, Fennelly J. reinforced the test that discovery will only be granted if the court is satisfied that the documents sought are: (i) relevant to the issues in the proceedings; and (ii) that discovery is necessary for fairly disposing of the matter and for saving costs. The court noted that in order for documents to satisfy this test the applicant does not have to prove that they are, "in any sense absolutely necessary". Rather all he has to do is prove that he would suffer a "litigious disadvantage by not seeing them". The burden of proof rests firmly on the party seeking the discovery. (en)
appealed from
  • The Irish High Court (en)
appealed to
  • The Irish Supreme Court (en)
concurring
  • Denham J. (en)
date decided
decision by
  • Fennelly J., and McCracken J. (en)
number of judges
opinions
  • The applicant does not have to prove that the documents sought to be discovered are in any sense absolutely necessary but rather that he would suffer a litigious disadvantage by not seeing them. (en)
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