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Discovery procedure must be re-calibrated in light of extensive burden on litigants
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Court of Appeal allows appeal of High Court order directing the defendant to make extensive discovery to the plaintiff in a relatively straightforward personal injuries action, finding that: a) the practice of discovery must be re-calibrated due to the modern burdens imposed by discovery requests on litigants; and b) the application for discovery in respect of some of the categories of documents was premature in the case where the use of interrogatories was more appropriate.
Discovery – appeal of High Court order directing the defendant to make discovery to the plaintiff of thirteen categories of documents dating back as far as 1990 – applicant seeks damages against the Minister for Defence in respect of personal injuries which he claims to have suffered through allegedly being exposed to toxic chemicals whilst employed as an aircraft mechanic – whether it is appropriate to limit the discovery sought to documents concerning the ERF – application for discovery in respect of these categories of documents as premature – appeal allowed.
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