Ms X and the Courts Service [2020] IEIC 92501 (5 October 2020)

Ms X and the Courts Service [2020] IEIC 92501 (5 October 2020)

The records sought are held by the courts and relate to court proceedings required by law to be held in camera; neither exception to section 42(a)(i) applies, so the FOI Act does not apply to the records and refusal was justified.

Citation
[2020] IEIC 92501
Parties
Applicant: Ms X; Respondent: Courts Service
Jurisdiction
Ireland
Judgment Date
05 October 2020
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
request refused; decision affirmed
Legal Topics
Access to Court Records, FOI Act Section 42(a)(i), In Camera Court Proceedings
Administrative Law Freedom of Information Access to Court Records FOI Act Section 42(a)(i) In Camera Court Proceedings

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Parties

Ms X

Applicant

Courts Service

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Courts Service was justified in refusing access to court records under section 42(a)(i) of the FOI Act

Ratio Decidendi

The records sought are held by the courts and relate to court proceedings required by law to be held in camera; neither exception to section 42(a)(i) applies, so the FOI Act does not apply to the records and refusal was justified.

Court Disposition

request refused; decision affirmed