McK. -v- L. [2010] IESC 51 (28 October 2010)

McK. -v- L. [2010] IESC 51 (28 October 2010)

The applicant is entitled to details of the award made by the Residential Institutions Redress Board, and the court is entitled to take the award into account when deciding the issue of maintenance, as the statutory confidentiality does not prohibit such disclosure in the context of maintenance proceedings and the award constitutes a financial resource for maintenance purposes.

Citation
[2010] IESC 51
Parties
Applicant: F McK; Respondent: O L
Jurisdiction
Ireland
Judgment Date
28 October 2010
Procedural Posture
Case Stated (family Law/maintenance Appeal) / Supreme Court on Case Stated From Circuit Family Court
Outcome
Questions answered in the affirmative
Legal Topics
Maintenance of Children, Disclosure of Confidential Awards, Interpretation of Residential Institutions Redress Act 2002
Family Law Confidentiality Law Maintenance of Children Disclosure of Confidential Awards Interpretation of Residential Institutions Redress Act 2002

Case Brief

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Parties

F McK

Applicant

O L

Respondent

Procedural Posture

Case Stated (family Law/maintenance Appeal) / Supreme Court on Case Stated From Circuit Family Court

Legal Issues

  1. 1 Whether the applicant is entitled to details of an award made by the Residential Institutions Redress Board given the provisions of section 28 of the Residential Institutions Redress Act 2002
  2. 2 Whether the court is entitled to take into account an award from the Residential Institutions Redress Board when deciding the issue of maintenance

Ratio Decidendi

The applicant is entitled to details of the award made by the Residential Institutions Redress Board, and the court is entitled to take the award into account when deciding the issue of maintenance, as the statutory confidentiality does not prohibit such disclosure in the context of maintenance proceedings and the award constitutes a financial resource for maintenance purposes.

Court Disposition

Questions answered in the affirmative

Orders

  • The applicant is entitled to details of the award made by the Residential Institutions Redress Board.
  • The court is entitled to take into account the award when deciding the issue of maintenance.