H -v- H [2015] IEHC 58 (23 January 2015)

H -v- H [2015] IEHC 58 (23 January 2015)

The court held that, in the context of Irish family law and the statutory and constitutional imperatives for full disclosure and proper provision for spouses and children, the balancing exercise set out in P. v. Q. [2012] IEHC 593 is preferable to the strict exclusionary approach in Imerman. Therefore, the documents obtained by the applicant, though dubiously acquired, are admissible for the purposes of the financial report and accounts, subject to safeguards and further consideration of costs and conduct.

Citation
[2015] IEHC 58
Parties
Applicant: H.; Respondent: H.
Jurisdiction
Ireland
Judgment Date
23 January 2015
Procedural Posture
Judicial Separation / Interlocutory/case Management Session
Outcome
Objection to admissibility of documents overruled; documents admissible for forensic accounting purposes; further directions on handling of originals, copies, and electronic devices; costs and conduct to be addressed separately.
Legal Topics
Judicial Separation, Disclosure of Assets, Admissibility of Illegally Obtained Evidence, Case Management, Forensic Accounting
Family Law Judicial Separation Disclosure of Assets Admissibility of Illegally Obtained Evidence Case Management Forensic Accounting

Case Brief

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Parties

H.

Applicant

H.

Respondent

Procedural Posture

Judicial Separation / Interlocutory/case Management Session

Legal Issues

  1. 1 Whether documents obtained by the applicant through potentially illegal means are admissible in judicial separation proceedings
  2. 2 Whether the respondent's alleged failure to make full financial disclosure justifies striking out the defence or other sanctions

Ratio Decidendi

The court held that, in the context of Irish family law and the statutory and constitutional imperatives for full disclosure and proper provision for spouses and children, the balancing exercise set out in P. v. Q. [2012] IEHC 593 is preferable to the strict exclusionary approach in Imerman. Therefore, the documents obtained by the applicant, though dubiously acquired, are admissible for the purposes of the financial report and accounts, subject to safeguards and further consideration of costs and conduct.

Court Disposition

Objection to admissibility of documents overruled; documents admissible for forensic accounting purposes; further directions on handling of originals, copies, and electronic devices; costs and conduct to be addressed separately.

Orders

  • Applicant to return originals of documents to respondent; respondent to disclose and return documents to applicant; applicant may keep copies of all documents handed back; offending USB stick or device to be held by Court Registrar pending expert analysis; parties may address the court on costs and conduct.