A v B(2) (Approved) [2024] IEHC 131 (01 March 2024)
The application fails because no special circumstances are present, release would cause injustice to Ms A, and the discovered documents add nothing of significance to what was already known or decided. The factors required for release under Barry v. BDO are not satisfied.
- Citation
- [2024] IEHC 131
- Parties
- Applicant/respondent: A; Respondent/appellant: B(2)
- Jurisdiction
- Ireland
- Judgment Date
- 01 March 2024
- Procedural Posture
- Application for Leave to Use Discovered Documents in Prior Proceedings / Post Judgment Application Following Appeal Determination
- Outcome
- application refused
- Legal Topics
- Judicial Separation, Discovery, Implied Undertaking, Domicile, Recognition of Foreign Divorce, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
A
Applicant/respondent
B(2)
Respondent/appellant
Procedural Posture
Application for Leave to Use Discovered Documents in Prior Proceedings / Post Judgment Application Following Appeal Determination
Legal Issues
- 1 Whether the court should exercise discretion to release a party from the implied undertaking not to use discovered documents from other proceedings
- 2 Whether newly discovered documents justify reopening previously determined proceedings
Ratio Decidendi
The application fails because no special circumstances are present, release would cause injustice to Ms A, and the discovered documents add nothing of significance to what was already known or decided. The factors required for release under Barry v. BDO are not satisfied.
Court Disposition
application refused
Orders
- preliminary view to order costs against Mr B, subject to hearing both parties
Full Case Text
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