Further and better discovery refused where all relevant documentation is already discovered

Application for further and better discovery - first named plaintiff claims for damages on grounds that he was maliciously prosecuted – prosecuted for having no vehicle insurance, for having no driving license, for a failure to produce a driving license within ten days, and a failure to produce an insurance certificate within ten days - produced his license and insurance at the nominated garda station within the statutory and specified ten days - malicious prosecution resulted in serious consequences for both plaintiffs – fined, license endorsed, driving disqualification for one year, and a prison sentence for one month – alleged that there was a forced entry into his home, that he was subject to a wrongful and unlawful arrest, and that he was falsely imprisoned and trespassed upon - part of a long term and ongoing vicious campaign of abuse – Master of the High Court made two orders for discovery of documents relating to the prosecution and appeal – plaintiffs seek further and better discovery – affidavit of discovery - no notebook entries taken – privilege asserted over documents relating to decision to prosecute - no further documents in relation to committal warrants - State defendants have agreed to waive the claim of privilege - circumstances surrounding the issuing of the summons and the documents generated - Court takes the view that the first named plaintiff now has discovery of the matters which he required to take proceedings - Court upholds the claim of privilege in respect of Category 2 documents from the State – delay in serving the affidavit - difficulty in terms of serving documents on the plaintiff – discovery ordered against Court Service Defendants – documents no longer within the possession, power or procurement of the Courts Service defendants - plaintiff’s main complaint is that he did not get them until this year - circumstances in which it is appropriate to make an order for further and better discovery - Court is satisfied that all relevant documents have been disclosed by both defendants - not the function of the High Court to order the discovery of documents which are unable to be discovered.