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Discovery of plaintiff’s medical records was neither necessary nor relevant

By: Ciaran Joyce BL

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Court of Appeal dismisses appeal of High Court order for discovery of documentation relating to the plaintiff’s mental health and allows cross appeal finding that there was no lawful basis for the appellant’s claimed entitlement to discovery of the respondent’s medical records which are clearly neither necessary nor relevant to the resolution of the issues in the case; and the High Court judge erred in law in acceding to the appellant’s application for discovery.

Discovery – appeal of High Court order for discovery of documentation relating to the plaintiff’s mental health – Ord. 31, r. 12 of the Rules of the Superior Courts – Delany & McGrath, Civil Procedure in the Superior Courts (3rd ed., Round Hall, Dublin, 2018) – proportionality – confidentiality – no lawful basis for the appellant’s claimed entitlement to discovery of the respondent’s medical records which are clearly neither necessary nor relevant to the resolution of the issue – High Court judge erred in law in acceding to the appellant’s application for discovery – appeal dismissed and cross appeal allowed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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