M.M -v- G.I.M. [2014] IEHC 687 (18 December 2014)

M.M -v- G.I.M. [2014] IEHC 687 (18 December 2014)

The respondent established the threshold for confidential information, but the substantive issues to which the information was relevant were concluded. The risk of prejudice to the respondent was minimal, and greater prejudice would arise to the applicant if her solicitor was restrained. Relief was refused.

Citation
[2014] IEHC 687
Parties
Applicant: M. M.; Respondent: G. I. M.
Jurisdiction
Ireland
Judgment Date
18 December 2014
Procedural Posture
Motion for Injunction in Family Law Proceedings / Post Judgment, Pending Appeal
Outcome
relief refused
Legal Topics
Judicial Separation, Conflict of Interest, Solicitor Client Confidentiality
Family Law Professional Ethics Judicial Separation Conflict of Interest Solicitor Client Confidentiality

Case Brief

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Parties

M. M.

Applicant

G. I. M.

Respondent

Procedural Posture

Motion for Injunction in Family Law Proceedings / Post Judgment, Pending Appeal

Legal Issues

  1. 1 Whether the applicant's solicitor should be restrained from acting due to prior confidential advice given to the respondent
  2. 2 Whether confidential information held by the solicitor is relevant to the current proceedings

Ratio Decidendi

The respondent established the threshold for confidential information, but the substantive issues to which the information was relevant were concluded. The risk of prejudice to the respondent was minimal, and greater prejudice would arise to the applicant if her solicitor was restrained. Relief was refused.

Court Disposition

relief refused

Orders

  • The motion seeking to restrain the applicant's solicitor from acting is refused.