D v D(4) (Approved) (Rev1) [2024] IEHC 132 (02 February 2024)

D v D(4) (Approved) (Rev1) [2024] IEHC 132 (02 February 2024)

Disclosure of the judgments to specified third parties is required to protect the legitimate interests of Ms D and the children, particularly in the context of ongoing insolvency proceedings in Mr D's home country and the risk of injustice if those authorities remain uninformed. The in camera rule should not impede the proper and informed course of justice. Applications for redactions may be made by written submission, and any application regarding beneficial interest in property must be brought by motion.

Citation
[2024] IEHC 132
Parties
Applicant: D; Respondent: D (4)
Jurisdiction
Ireland
Judgment Date
02 February 2024
Procedural Posture
Family Law Judicial Separation / Post Hearing Judgment on Publication and Disclosure Orders
Outcome
Order for disclosure and publication subject to redaction process; further motion required for beneficial interest declaration.
Legal Topics
Judicial Separation, Maintenance, Disclosure of Judgments, In Camera Rule, Bankruptcy and Insolvency, Beneficial Interest in Property
Family Law Civil Procedure Judicial Separation Maintenance Disclosure of Judgments In Camera Rule Bankruptcy and Insolvency Beneficial Interest in Property

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 4 Party arguments 2
Sign in to unlock

Parties

D

Applicant

D (4)

Respondent

Procedural Posture

Family Law Judicial Separation / Post Hearing Judgment on Publication and Disclosure Orders

Legal Issues

  1. 1 Whether to publish and disclose family law judgments subject to redactions
  2. 2 Whether to permit disclosure of judgments to third parties under s.40(8) Civil Liability and Courts Act 2004
  3. 3 Whether applications for redactions or beneficial interest require further motion

Ratio Decidendi

Disclosure of the judgments to specified third parties is required to protect the legitimate interests of Ms D and the children, particularly in the context of ongoing insolvency proceedings in Mr D's home country and the risk of injustice if those authorities remain uninformed. The in camera rule should not impede the proper and informed course of justice. Applications for redactions may be made by written submission, and any application regarding beneficial interest in property must be brought by motion.

Court Disposition

Order for disclosure and publication subject to redaction process; further motion required for beneficial interest declaration.

Orders

  • Judgments (including the present and previous) to be published, subject to parties' opportunity to request redactions by 14 February 2024.
  • Judgments to be disclosed without redactions to the trustee in bankruptcy, the Workplace Relations Commission, and, if proceedings are commenced, to the courts or court services in Mr D's home country under s.40(8) Civil Liability and Courts Act 2004.