The High Court has ordered discovery of documents in personal injuries proceedings brought by Bartolomei Burban against his former employer, Finesse Medical Limited, while narrowing some requests and refusing two others.
Mr Justice Max Barrett delivered the judgment on 22 July 2021 on an application under Order 31, rule 12(4) of the Rules of the Superior Courts. The court considered relevance, necessity and proportionality. It stressed that the allegations described in the personal injuries summons were background only and that it had no view on whether Mr Burban would succeed in his claim.
The summons alleges that Mr Burban injured his back while handling a paper roll at a factory on or about 20 April 2017. Alternatively, it alleges a back injury while removing a shaft from a polymer roll on or about 21 November 2018. These remain allegations in the underlying proceedings, not findings made in this discovery judgment.
The court ordered medical and treatment records, but limited pre-injury records to those from 1 January 2013 onwards; post-injury records were also ordered. It ordered records of other litigation and injury history subject to the same time limit. The judge referred to a disclosed head injury following an apparent assault in 2013 or 2014, backache treatment in 2016, and reported falls at home in late 2018 or early 2019 as relevant context for the discovery requests.
Other categories ordered included work attendance and income records from 21 November 2018; social welfare and state benefit records from 20 April 2017; employment and training records; Revenue returns; records about plans for a garden table manufacturing business; and bank account statements from 21 November 2018. The court also ordered records of exercise, fitness, gym and sporting activities for the requested period, rather than the broader leisure and hobby records sought. Insurance discovery was limited to accident, health, motor and travel insurance. Documentation supporting special damages claims from 20 April 2017 was ordered.
The judge refused discovery of vehicle servicing and use records, describing that category as a fishing exercise, and also refused the request for records of all travel outside Ireland. The parties were asked to prepare a draft discovery order for the registrar. The court said it would hear the parties on costs; the judgment does not record a costs decision.