L.K. (No. 2) -v- The Minister for Justice and Equality [2016] IECA 362 (30 November 2016)

L.K. (No. 2) -v- The Minister for Justice and Equality [2016] IECA 362 (30 November 2016)

The District Court judge failed to consider or balance the appellant's constitutional and ECHR privacy rights against countervailing interests before ordering disclosure of her medical records, and thus acted ultra vires under the Criminal Justice (Mutual Assistance) Act 2008. The orders were made without proper jurisdiction and must be quashed.

Citation
[2016] IECA 362
Parties
Appellant: L. K.; Respondent: The Minister for Justice & Equality
Jurisdiction
Ireland
Judgment Date
30 November 2016
Procedural Posture
Judicial Review Appeal / Appeal From High Court to Court of Appeal
Outcome
appeal allowed
Legal Topics
Compellability of Evidence, Privacy Rights, Mutual Assistance in Criminal Matters, Third Party Discovery, Right to a Fair Trial
Criminal Law Constitutional Law Human Rights Law Mutual Legal Assistance Compellability of Evidence Privacy Rights Mutual Assistance in Criminal Matters Third Party Discovery +1 more

Case Brief

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Parties

L. K.

Appellant

The Minister for Justice & Equality

Respondent

Procedural Posture

Judicial Review Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the District Court judge failed to consider the appellant's constitutional and ECHR privacy rights before ordering disclosure of medical records under s.63 of the Criminal Justice (Mutual Assistance) Act 2008.
  2. 2 Whether the District Court judge acted ultra vires in making the orders for disclosure without balancing privacy rights against countervailing interests.

Ratio Decidendi

The District Court judge failed to consider or balance the appellant's constitutional and ECHR privacy rights against countervailing interests before ordering disclosure of her medical records, and thus acted ultra vires under the Criminal Justice (Mutual Assistance) Act 2008. The orders were made without proper jurisdiction and must be quashed.

Court Disposition

appeal allowed

Orders

  • Certiorari granted to quash all three s.63 orders of the District Court.
  • Matter remitted to the District Court for reconsideration of the mutual assistance request with due regard to the appellant's constitutional and ECHR privacy rights and any legitimate countervailing considerations.