The High Court has dismissed an application by the management and trustees of Pobalscoil Chorca Dhuibhne in Dingle seeking extensive further particulars from pupils and parents who had challenged the school’s use of Irish as the medium of instruction.
The proceedings were brought by Thomas Geaney and other plaintiffs, including minors attending the school. They alleged that teaching the curriculum exclusively or predominantly through Irish had undermined their education because the pupils did not adequately understand the subjects being taught.
Pobalscoil Chorca Dhuibhne had opened in September 2007 following the amalgamation of Dingle’s Presentation Secondary School for Girls and Christian Brothers’ Secondary School for Boys. The plaintiffs’ statement of claim ran to 33 pages and sought 30 forms of relief.
The school-side defendants initially served a notice containing about 390 requests for particulars. The plaintiffs replied in October 2008 while objecting that the demands were oppressive and prolix. A further notice then sought additional information, leading to the motion before the court.
Miss Justice Laffoy held that the purpose of particulars is to define the issues and ensure that each side knows, in broad outline, the case it must meet. They are not a mechanism for cross-examination before trial.
The judge found that many of the requests failed that test. Some sought simple yes-or-no answers to propositions already clearly pleaded. Others asked questions the court described as having no relevance to the plaintiffs’ case, including details about siblings attending other schools. Requests concerning damages were premature because the court had already ordered that liability issues be decided first.
The court also rejected attempts to obtain information about which of 71 represented pupils might be called as witnesses, noting that particulars generally cannot be used to identify a party’s witnesses.
Miss Justice Laffoy concluded that the application was oppressive, vexatious and wholly unreasonable in the context of the pleadings. The motion was dismissed.