Cronin v. Murray [1998] IEHC 181 (17th December, 1998)

Cronin v. Murray [1998] IEHC 181 (17th December, 1998)

The assessment documents sought are not relevant to the issues in the proceedings as they concern different children, at a later time, and for a different statutory function. Even if relevant, Section 8 of the Adoption Act 1976 imposes a statutory bar on discovery of such documents unless it is in the best interests...

Source-derived case information.

Citation
[1998] IEHC 181
Parties
Plaintiff: Plaintiff (unnamed); Defendant: First Named Defendant (David Murray); Defendant: Second Named Defendant (Southern Health Board); Defendant: Third Named Defendant (Eastern Health Board); Non Party/notice Party: Sr. Frances Ignatius (St. Patrick's Guild Adoption Society); Non Party/notice Party: An Bord Uchtala (Adoption Board)
Jurisdiction
Ireland
Procedural Posture
Motion for Non Party Discovery / Interlocutory Application
Outcome
Application for non-party discovery refused
Legal Topics
Discovery, Adoption Records, Statutory Interpretation, Non Party Discovery
Civil Procedure Family Law Discovery Adoption Records Statutory Interpretation Non Party Discovery

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Parties

Plaintiff (unnamed)

Plaintiff

First Named Defendant (David Murray)

Defendant

Second Named Defendant (Southern Health Board)

Defendant

Third Named Defendant (Eastern Health Board)

Defendant

Sr. Frances Ignatius (St. Patrick's Guild Adoption Society)

Non Party/notice Party

An Bord Uchtala (Adoption Board)

Non Party/notice Party

Procedural Posture

Motion for Non Party Discovery / Interlocutory Application

Legal Issues

  1. 1 Whether non-party discovery should be ordered against the Adoption Society and Adoption Board for assessment documents relating to adoption of unrelated children by the first named Defendant.
  2. 2 Whether Section 8 of the Adoption Act 1976 prohibits such discovery.

Ratio Decidendi

The assessment documents sought are not relevant to the issues in the proceedings as they concern different children, at a later time, and for a different statutory function. Even if relevant, Section 8 of the Adoption Act 1976 imposes a statutory bar on discovery of such documents unless it is in the best interests of the child concerned, which has not been established. The statutory protection extends to documents generated by the Adoption Society once they become part of the Board's records.

Court Disposition

Application for non-party discovery refused

Orders

  • Application for non-party discovery against the Adoption Society and the Adoption Board is rejected.