C v P (Approved) [2024] IEHC 54 (31 January 2024)

C v P (Approved) [2024] IEHC 54 (31 January 2024)

The facts and circumstances are exceptional and pressing; anonymisation alone is insufficient to protect the applicant's constitutional rights. There is a risk that justice cannot be done unless the substantive judicial review application is conducted in camera.

Citation
[2024] IEHC 54
Parties
Applicant: C; Respondents: P
Jurisdiction
Ireland
Judgment Date
31 January 2024
Procedural Posture
Judicial Review / Preliminary Application for Directions Regarding Hearing Format
Outcome
Application granted
Legal Topics
In Camera Hearings, Anonymisation Orders, Admissibility of Evidence, Disciplinary Proceedings, Reporting Restrictions
Constitutional Law Administrative Law Privacy Law In Camera Hearings Anonymisation Orders Admissibility of Evidence Disciplinary Proceedings Reporting Restrictions

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Parties

C

Applicant

P

Respondents

Procedural Posture

Judicial Review / Preliminary Application for Directions Regarding Hearing Format

Legal Issues

  1. 1 Whether the substantive judicial review application should be heard in camera
  2. 2 Whether anonymisation orders are sufficient to protect applicant's rights
  3. 3 Risk of prejudice from public hearing

Ratio Decidendi

The facts and circumstances are exceptional and pressing; anonymisation alone is insufficient to protect the applicant's constitutional rights. There is a risk that justice cannot be done unless the substantive judicial review application is conducted in camera.

Court Disposition

Application granted

Orders

  • Hearing of the substantive judicial review application to proceed in camera
  • Judgment furnished to legal representatives for consideration of further redactions