A v B (Approved) [2021] IEHC 352 (11 May 2021)

A v B (Approved) [2021] IEHC 352 (11 May 2021)

Order 31, rule 29 RSC is mandatory in requiring the party seeking non-party discovery to indemnify the non-party for all reasonably incurred costs, regardless of whether the privilege issue is of public importance.

Citation
[2021] IEHC 352
Parties
Applicant: A; Respondent: B; Non Party Applicant for Costs: Commissioner of An Garda Síochána
Jurisdiction
Ireland
Judgment Date
11 May 2021
Procedural Posture
Family Law (judicial Separation, Guardianship, Discovery) / Post Judgment Costs Application by Non Party
Outcome
Order for costs in favour of the Commissioner of An Garda Síochána as non-party; costs to be borne 75% by Mr A and 25% by Ms B.
Legal Topics
Judicial Separation, Guardianship of Infants, Non Party Discovery, Costs Orders
Family Law Civil Procedure Judicial Separation Guardianship of Infants Non Party Discovery Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

A

Applicant

B

Respondent

Commissioner of An Garda Síochána

Non Party Applicant for Costs

Procedural Posture

Family Law (judicial Separation, Guardianship, Discovery) / Post Judgment Costs Application by Non Party

Legal Issues

  1. 1 Whether the Commissioner of An Garda Síochána, as a non-party subject to a discovery order, is entitled to costs under O.31, r.29 RSC
  2. 2 Whether the public interest (investigative) privilege asserted by the Commissioner affects the costs order
  3. 3 Whether the mandatory indemnity for non-party discovery costs applies even where the privilege issue is of public importance

Ratio Decidendi

Order 31, rule 29 RSC is mandatory in requiring the party seeking non-party discovery to indemnify the non-party for all reasonably incurred costs, regardless of whether the privilege issue is of public importance.

Court Disposition

Order for costs in favour of the Commissioner of An Garda Síochána as non-party; costs to be borne 75% by Mr A and 25% by Ms B.

Orders

  • Order vacating all previous orders relating to disclosure and non-party discovery.
  • Order for costs in favour of the Commissioner for the initial motion, compliance with the order of 15th February, assertion and hearing of privilege, and stay application.