Ryanair Ltd v Channel Four Television Corporation No. 3

• Jurisdiction: Ireland
• Judge: Mr. Justice Meenan
• Judgment Date: 09 November 2017
• Neutral Citation: [2017] IEHC 743
• Docket Number: [2013 No. 8837 P.]
• Court: High Court
• Date: 09 November 2017

[2017] IEHC 743

THE HIGH COURT

Meenan J.

[2013 No. 8837 P.]

BETWEEN

RYANAIR LIMITED

PLAINTIFF

AND

CHANNEL FOUR TELEVISION CORPORATION

AND

BLAKEWAY PRODUCTIONS LIMITED

DEFENDANTS

IRISH AVIATION AUTHORITY

NON PARTY

Practice & Procedures - Discovery of documents - Relevancy - O. 31, r. 29 of the Rules of the Superior Courts - Exemplary damages - Non-party discovery

Facts: The defendants sought an order for the discovery of certain documents in the present proceedings against the Irish Aviation Authority (I.A.A.)/non-party. The defendants contended that the disclosure of those documents was necessary for the fair disposal of the issues between the parties to the present proceedings. The defendants contended that they required all the documents between the I.A.A. and other parties including the plaintiff and the Spanish Aviation Authorities concerning the I.A.A. reports.

Mr. Justice Meenan granted an order for discovery to the defendants. The Court, however, refused to grant the discovery of documents in relation to a meeting. The Court followed the criteria of 'necessity' as given in the case of Keating v. RTE and the Commissioner of An Garda Siochana (non-party) [2013] IESC 22, wherein it was stated that although relevance and necessity were separate concepts, there was a close relationship between the two. Once the former criterion was established, it would most usually follow that the documents in question could also be regarded as necessary.

JUDGMENT of Mr. Justice Meenan delivered on the 9th day of November, 2017

Background

1 On 12th August, 2013, the first named defendant broadcast a programme as part of its 'Dispatches' series, entitled 'Secrets from the Cockpit'. The programme was produced by the second named defendant (for ease of reference I will refer to both defendants collectively as 'Channel 4').

2 The programme broadcast by Channel 4 alleged, or there were reasonable grounds for alleging, that Ryanair compromised the safety of passengers, crew and those living under the flight paths of Ryanair flights, particularly in the vicinity of airports, in pursuit of financial gain. In support of this, Channel 4 listed a number of 'fuel Maydays' issued by Ryanair flights which had been diverted from Madrid, Spain to Valencia in July, 2012.

3 There were further allegations concerning the fuel policies adopted by Ryanair, namely an alleged failure to preserve cockpit voice recordings and thereby impeding the investigation of incidents and work practices followed by Ryanair in dealing with pilots.

4 In the days following broadcast of the programme Ryanair issued proceedings seeking damages, including aggravated and exemplary damages, for defamation. A full defence was delivered on behalf of Channel 4 pleading, inter alia, the truth of the matters broadcast.

5 By notice of motion, dated 21st July, 2016, Channel 4 sought 'non party' discovery against the Irish Aviation Authority ('the I.A.A.'). The I.A.A. is a company and statutory body established pursuant to the Irish Aviation Authority Act, 1993 and has a general function to regulate Irish Civil Aviation.

6 The notice of motion sought four categories of documents which I set out hereunder:-

Category 1:

All documents relating to the I.A.A. 'Ryanair weather diversions Madrid' report ('the I.A.A. report') which pertains to the 'fuel Mayday' emergencies declared on three Ryanair flights to Valencia, Spain on 26th July, 2012 ('the Valencia incidents') to include:-

- all internal documents within the I.A.A. concerning the I.A.A. report, its creation and dissemination;

- all documents between the I.A.A. and other parties including the plaintiff and the Spanish Aviation Authorities concerning the I.A.A. reports and/or its creation and dissemination.

Category 2:

All I.A.A. documents, to include internal correspondence and all other documents regarding the creation and the dissemination of a press release by the I.A.A. on 12th August, 2013 concerning the broadcast of the defendants 'Secrets from the Cockpit' programme on that date; and the formulation and publication of the reissued version of the same press release on 15th August, 2013;

Category 3:

All documents relating to the creation and dissemination of the document (on I.A.A. stationary) headed 'response issued to Daily Mail 8th August, 2013 re Ryanair Plc' and signed by Tony Lane, Corporate Communications, Irish Aviation Authority.

Category 4:

All documents relating to:

(a) the I.A.A.'s meeting on 18th September, 2012 with representatives of the Department of Transport, Tourism and Sport and the Spanish Ministry of Development and

(b) the creation and dissemination of the document dated 18th September, 2012 entitled 'Statement by the Department of Transport, Tourism and Sport and the Spanish Ministry of Development'.

Order 31 r. 29 of the Rules of the Superior Courts:-

7 O. 31 r. 29 provides:-

'29. Any person not a party to the cause or matter before the Court who appears to the Court to be likely to have or to have had in his possession custody or power any documents which are relevant to an issue arising or likely to arise out of the cause or matter or is likely to be in a position to give evidence relevant to any such issue may by leave of the Court upon the application of any party to the said cause or matter be directed by order of the Court … to make discovery of such documents or to permit inspection of such documents…'

Issues arising in the action:-

8 The statement of claim states, inter alia the following:-

'12. The plaintiff shall rely on the following facts and matters to support a claim for aggravated and/or exemplary damages:-

(iv) the defendants failed to give any sufficient weight or prominence to the report of the Irish Aviation Authorities independent...