AX v BX (Unapproved) [2023] IECA 109 (05 May 2023)

AX v BX (Unapproved) [2023] IECA 109 (05 May 2023)

Permission is granted for disclosure of the unredacted judgment to the SDT and to Ms X's solicitors' professional indemnity insurers, subject to confidentiality undertakings. Permission for disclosure to the LSRA and for provision of the High Court judgment to the SDT is refused, as no sufficient basis is established and related issues remain before the High Court.

Citation
[2023] IECA 109
Parties
Applicant/appellant: AX; Respondent: BX
Jurisdiction
Ireland
Judgment Date
05 May 2023
Procedural Posture
Appeal / Post Judgment, Ancillary Matters
Outcome
Appeal dismissed; ancillary orders made regarding disclosure.
Legal Topics
In Camera Rule, Disclosure of Court Documents, Statutory Interpretation, Professional Misconduct Complaints, Confidentiality
Family Law Professional Regulation Civil Procedure In Camera Rule Disclosure of Court Documents Statutory Interpretation Professional Misconduct Complaints Confidentiality

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
Sign in to unlock

Parties

AX

Applicant/appellant

BX

Respondent

Procedural Posture

Appeal / Post Judgment, Ancillary Matters

Legal Issues

  1. 1 Whether permission should be granted for disclosure of an unredacted judgment to third parties
  2. 2 Interpretation of section 40 of the Civil Liability and Courts Act 2004 regarding disclosure of in camera material
  3. 3 Whether disclosure to the LSRA and professional indemnity insurers is permissible

Ratio Decidendi

Permission is granted for disclosure of the unredacted judgment to the SDT and to Ms X's solicitors' professional indemnity insurers, subject to confidentiality undertakings. Permission for disclosure to the LSRA and for provision of the High Court judgment to the SDT is refused, as no sufficient basis is established and related issues remain before the High Court.

Court Disposition

Appeal dismissed; ancillary orders made regarding disclosure.

Orders

  • Permission granted to disclose unredacted judgment to SDT.
  • Permission granted to Ms X's solicitors to disclose judgment to professional indemnity insurers, subject to confidentiality undertaking.