Former Air Corps mechanic alleges exposue to dangerous chemicals

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 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” - being doused with chemicals by other Air Corps personnel. He is one of several former mechanics suing over alleged exposure to dangerous chemicals and solvents during their employment.
On Monday, a five- judge Supreme Court gave a unanimous judgment overturning a Court of Appeal decision that Mr Tobin’s discovery application was premature. The Supreme Court disagreed with the Court of Appeal 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 discovery of documents in circumstances where the burden of complying with discovery is likely to be “significant”.