The State must disclose a range of documents to a former aircraft mechanic in the Air Corps who is suing it over his alleged exposure on dates during the 1990s to dangerous chemicals, the Supreme Court has ruled.
In his personal injury proceedings, yet to be heard, Gavin Tobin also alleges he was, on one occasion during the 1990s, subject to “tubbing” – doused with chemicals by other Air Corps personnel.
He is among several former mechanics suing over alleged exposure to dangerous chemicals and solvents during their employment.
Today, a five-judge Supreme Court gave a unanimous judgment overturning a Court of Appeal (COA) decision that Mr Tobin’s discovery application was premature.
The Supreme Court disagreed with the COA that cost and other considerations meant Mr Tobin should, first of all, seek the material by way of interrogatories, written questions specifying the exact documents being sought which would require sworn answers from the State.
The court’s judgment outlined the proper overall approach to the discovery of documents in circumstances where the burden of complying with discovery is likely to be “significant”.
Giving the judgment, the Chief Justice, Mr Justice Frank Clarke, noted Mr Tobin was employed as an apprentice aircraft mechanic in the Air Corps in 1989 and began work at the apprentice school at Casement Aerodrome in 1990.
Full story at source: Irish Examiner