Written by David O'Neill

• This brand new title deals with ancillary discovery in Ireland (North and South), England and Wales.
• It deals with disclosure of information outside the Rules of Court, for example, as an independent action, in aid of tracing remedies, in aid of Mareva injunctions or Anton Piller orders, or, in the Republic of Ireland, the Personal Injuries Assessment Board Act.

There has been major reform of civil procedure in the relevant jurisdictions in the last 10 years. In England and Wales, and in personal injuries actions in Ireland, there has effectively been abandonment of the writ system of pleading, meaning that parties are required to furnish much more detail in their originating document. In England and Wales, and in Northern Ireland, potential for the action for discovery has been greatly expanded by the decision of the House of Lords in Ashworth v MGN. The last 10 years have also seen the incorporation of the European Convention on Human Rights in all parts of Ireland and Britain, which has had impacts on the right of access to journalists’ sources, and on the illegal obtaining of evidence

contents

Chp 1: Introduction
Chp 2: Historical Background to the Action for Discovery
Chp 3: Modern Revival of the Action in Ireland and England
Chp 4: Time for and Manner of Seeking Substantive Discovery
Chp 5: Involvement Sufficient to Oust the ‘Mere Witness’ Rule
Chp 6: Newspapers, Printers and Reading Rooms Repeal Act
Chp 7: Discovery of Evidence other than Parties’ Identities
Chp 8: Action for Discovery in aid of Particular Remedies
Chp 9: The Court’s Discretion and Factors Affecting its Exercise
Chp 10: The Action for Discovery and Journalists
Chp 11: Privacy and Data Protection
Chp 12: Methods of Giving Effect to Discovery by Action
Chp 13: Costs of an Action for Discovery
Chp 14: Tracing, Following and the Enforcement of Trusts
Chp 15: Anton Piller Orders
Chp 16: Mareva Injunctions and Disclosure in Aid
Chp 17: Ne exeat and Execution Orders
Chp 18: Statutory Discovery Before Action and from Non-Parties
Chp 19: Implied Undertaking on Discovery
Chp 20: Objections to Discovery

Bibliographic detail

ISBN: 978 1 84766 485 3
Publication Date: Nov-09
Format: Hardback
Availability: In print
List Price: €175