Sean Gallagher discovery case adjourned for expert review

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Sean Gallagher’s discovery dispute was adjourned by the High Court on 11 April 2017 after RTÉ sought dismissal of his civil claim.

Mr Justice David Keane directed that an independent electronic-discovery expert oversee further discovery, with the parties sharing the costs equally.

The court found that Mr Gallagher’s disclosed documents were deficient, but held that the non-disclosure was negligent rather than wilful.

The underlying action concerns allegations that RTÉ’s coverage of a 2011 presidential-election debate was unfair and damaged his electoral prospects. RTÉ denies wrongdoing and disputes responsibility for any loss.

Before the action began, RTÉ had acknowledged the findings of the Broadcasting Authority of Ireland’s Broadcasting Compliance Committee and apologised to Mr Gallagher for its mistakes. These included failing to verify the origin of the social-media statement put to him during the debate or broadcast that its provenance was in issue, and failing in those respects to meet its obligation of fairness towards him.