O'Brien v Red Flag Consulting & Ors (Approved)

RED FLAG CONSULTING LIMITED, KARL BROPHY, SEAMUS CONBOY, GAVIN O�REILLY, BRID MURPHY, KEVIN HINEY AND DECLAN GANLEY

1.������ This appeal by the plaintiff and cross-appeal by the first to sixth defendants (together the �Red Flag defendants�) relates to an order for discovery made by the High Court on 7 July 2020.� The plaintiff�s underlying application was for discovery by the Red Flag defendants of certain categories of documentation relating to the plaintiff�s claim against the Red Flag defendants and the seventh defendant for conspiracy, defamation and the causing of loss by unlawful means.��

2.������ I will structure this judgment by addressing the issues in the following sequence;

3.������ The plaintiff issued these proceedings against the Red Flag defendants on 13 October 2015.� His claim was initially pleaded in a statement of claim delivered on 4 December 2015. Following the joinder of the seventh defendant (not a party to this appeal or cross appeal) by order of the High Court, the plaintiff delivered an amended statement of claim on 23 March 2018.� The discovery application which is the subject matter of this appeal arises from the amendments made in that statement of claim.

7.������ The plaintiff claims at para. 16B, that, pursuant to and in furtherance of that conspiracy, the defendants engaged in a campaign of briefing politicians and journalists with material adverse to his interests, with the express purpose of having those politicians and journalists promote and publish that material with the predominant intention of injuring the plaintiff or causing him loss.