Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Order for discovery against defendants in tribunals

  • 27-02-2014 10:25AM
    #1
    Heads the ball
    Registered Users, Registered Users 2 Posts: 331 ✭✭


    I am wondering if there is a way in which a court order can be obtained to compel a defendant in discovery in an action other than before a court. For example, I am thinking quasi-judicial tribunals like the Equality Tribunal, Employment appeals tribunals, PRTB etc... Can a court compel discovery for these tribunals?

    I know that some of those tribunal expressly say that THEY have no power to compel discovery, but can the High Court compel discovery in cases which are not before it?

    Is it a push to read order 31 rule 14 RSC which applies to the precedency of "any cause or matter" as relating to such tribunals? Or is this a non-runner?


Comments

  • #2
    shermanban
    Registered Users, Registered Users 2 Posts: 8 ✭shermanban


    As you say, most quasi-judicial tribunals such as EAT's and such don't have the power to make an Order of Discovery. But that doesn't mean a Court does.

    It boils down to the fact that a Court cannot interfere in an action that it's not involved in.

    It would also be a procedural matter, suppose it's an Equality Tribunal you are talking about, that's a completely different process that say a High Court Case. If a case isn't lodged in the Central Office, how could you even bring a motion for Discovery? The case wouldn't be listed? Unless you issued proceedings (whatever they may be) in the relevant court, and then brought a motion for discovery.


Advertisement