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Discovery ordered in defamation proceedings even though newspaper claims that documents sought have been destroyed
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High Court, in proceedings alleging defamation and breach of privacy, makes an order that the defendant newspaper make discovery of three out of five categories of documents, on the grounds that they were relevant and necessary for the fair disposal of the proceedings or for the purpose of saving costs, and the plaintiff should not be deprived of a potential benefit simply because the defendant newspaper states that it has destroyed some or all of the documents that are being sought.
Discovery - application for discovery in proceedings alleging defamation and breach of privacy - "Panama Papers" - statement of claim alleges that information published by the newspaper had been obtained illegally and in breach of lawyer-client confidentiality - this was denied by the newspaper - Order 31, Rule 12(4) of the Rules of the Superior Courts - journalistic privilege - documents had been destroyed - whether the documents were relevant and necessary - issues of journalistic privilege do not fall to be determined at the discovery stage - simply because documents had been destroyed did not mean that they were not amenable to be discovered - Court makes an order for discovery of 3 out of 5 categories of documents.
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