A v B (Approved) [2021] IEHC 119 (23 February 2021)

A v B (Approved) [2021] IEHC 119 (23 February 2021)

Given the relevance and necessity of the recordings to the issues of guardianship and the statutory obligation to treat the best interests of the child as paramount, the public interest in the administration of justice outweighs investigative privilege. Discovery of all recordings is ordered to both parties, with provision for possible variation of the implied undertaking to allow use in related proceedings and disclosure to the court-appointed assessor, subject to further submissions.

Citation
[2021] IEHC 119
Parties
Applicant (first Proceedings), Respondent (second Proceedings): A; Respondent (first Proceedings), Applicant (second Proceedings): B; Third Party (discovery): An Garda Síochána
Jurisdiction
Ireland
Judgment Date
23 February 2021
Procedural Posture
Family Law (judicial Separation, Guardianship, Discovery) / Supplementary Judgment on Discovery and Disclosure Orders
Outcome
Discovery ordered, subject to further submissions on variation of implied undertaking and disclosure to assessor.
Legal Topics
Discovery of Evidence, Guardianship, Best Interests of the Child, Implied Undertaking, Disclosure to Assessors
Family Law Child Law Civil Procedure Discovery of Evidence Guardianship Best Interests of the Child Implied Undertaking Disclosure to Assessors

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Parties

A

Applicant (first Proceedings), Respondent (second Proceedings)

B

Respondent (first Proceedings), Applicant (second Proceedings)

An Garda Síochána

Third Party (discovery)

Procedural Posture

Family Law (judicial Separation, Guardianship, Discovery) / Supplementary Judgment on Discovery and Disclosure Orders

Legal Issues

  1. 1 Whether audio/video recordings held by An Garda Síochána should be discovered to parties in family law proceedings
  2. 2 Whether the implied undertaking on use of discovered documents should be varied to allow use in related proceedings
  3. 3 Whether discovered recordings may be disclosed to a court-appointed assessor under s.32/47

Ratio Decidendi

Given the relevance and necessity of the recordings to the issues of guardianship and the statutory obligation to treat the best interests of the child as paramount, the public interest in the administration of justice outweighs investigative privilege. Discovery of all recordings is ordered to both parties, with provision for possible variation of the implied undertaking to allow use in related proceedings and disclosure to the court-appointed assessor, subject to further submissions.

Court Disposition

Discovery ordered, subject to further submissions on variation of implied undertaking and disclosure to assessor.

Orders

  • Discovery by An Garda Síochána to Mr A and Ms B of all relevant recordings.
  • Parties may make submissions within one week on variation of implied undertaking for use in related proceedings.