This is an interesting Irish judgement – and something that anyone with litigation in this jurisdiction should read.
I think it gives a good overview of the approach litigants should take and emphasises proportionality. As the piece demonstrates in the key principles of Discovery; “The three concepts of relevance, necessity and proportionality are linked such that a neat discrete analysis of each is not possible.”
Thanks for sharing Ruth McAllister and Paula Fearon.
The Commercial Court’s recent in-depth analysis of the law on discovery highlights the importance of the principle of proportionality where Peruvian Guano continues to be the primary touchstone of whether documents ought to be discovered or not.