You are employed as a legal executive in Law & Legal Co. solicitors. A senior solicitor in the firm, Ms. Leona Legal, has requested that you research a notice of motion received seeking an order for discovery about a client’s file. Please write a memorandum to the solicitor addressing the following questions raised:
1. The Defendant’s solicitor has issued a motion for discovery against my client (Plaintiff) that is returnable before the High Court on 4 December 2023. Please advise on the test the judge will apply in deciding whether to make an order for discovery. Please refer to case law to support your answer.
2. The Defendant’s solicitor has requested the discovery of 10 years of pre-accident medical records in respect of the Plaintiff. Please address the following using relevant case law to support your answer:
a. Would it be usual for a judge to make an order for discovery for such a period?
b. What factors would a judge consider in relation to deciding the appropriate emporal limit?
3. The Court of Appeal recently delivered a judgment in Egan v Castlerea Co-operative Livestock Mart Limited (2023] IECA 240 which related to an application for discovery. have not yet had an opportunity to read the judgment. In your own words, please could you provide a short summary of the judgment (not to exceed three pages)?