Discovery Law is a comprehensive book covering discovery and e-discovery law in Ireland. It deals with the procedure and legal principles arising and covers the new proposals, production of documents, recommended from the Administration of Civil Justice Review Report and e-discovery as well as alternative methods to discovery. It deals with the issue of non-party discovery for the first time.
The potential wide ranging implications of the Administration of Civil Justice Review Report in Ireland have not been considered by any text thus far in Ireland. It recommends a complete overhaul of the existing discovery process and urges a 'culture change'. The proposed 'Production of Documents' has not been discussed in any text to date and this text analyses the proposed changes in detail including the draft court rules which are included in the Review. The issue of non-party discovery, as laid out in a recent High Court case, will be dealt with for the first time in this jurisdiction.
The textbook includes analysis of discovery in all aspects of civil litigation to include personal injury, family law, multi-party litigation, judicial review and pre-action discovery, to name but a few areas. It analyses the growth of e-discovery and the enforcement of discovery as well as costs and adjudication of such costs. It is a practical must-have book for all practitioners navigating cases in the lower and superior courts in Ireland.
Foreword
Preface
Introduction
Table of Cases
Ch 1 – Introduction
Ch 2 – Historical Background to Discovery
Ch 3 – When does Discovery arise (documents, possession, power, custody and procurement, when to seek discovery)
Ch 4 –The continuing evolution of relevance and necessary
Ch 5 – Procedure in the District Court
Ch 6 – Procedure in the Circuit Court (to include County Registrar)
Ch 7 – Procedure in the Superior Courts (High Court, Court of Appeal, Supreme Court)
Ch 8 – Pre-action Discovery
Ch 9 – Non-party Discovery
Ch 10 –Enforcing Discovery
Ch 11 – Ancillary Discovery
Ch 12 – The growing case for Interrogatories to replace Discovery and the Benefits and challenges of Discovery
Ch 13 –E-Discovery I
Ch 14 –E-Discovery II
Ch 15 – Discovery in Judicial Review Proceedings
Ch 16 – Discovery in Family Law Proceeding
Ch 17 – Discovery in Personal Injury Proceedings
Ch 18 – Discovery in Injunctive Proceedings
Ch 19 – Multi-party litigation and Discovery
Ch 19 – Privilege overview
Ch 20 – Legal Advice Privilege
Ch 21 – Litigation Privilege
Ch 22 – Without prejudice privilege
Ch 23 – Public Interest Privilege
Ch 24 – Journalistic Sources
Ch 25 – Challenging a claim of privilege
Ch 26 –Undertakings in Discovery
Ch 27 – Immunity from Discovery
Ch 28 – GDPR Requests
Ch 29 – Costs involved in Discovery and Adjudication of those Costs
Ch 30 – The future of Discovery following the Administration of Civil Justice Review Report
Ch 31 – Discovery in other jurisdictions
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