SC -v- JB [2015] IEHC 537 (08 May 2015)

SC -v- JB [2015] IEHC 537 (08 May 2015)

The respondent is under a continuing statutory and constitutional duty to provide full and frank disclosure of all assets, income, and interests relevant to the determination of proper provision in divorce proceedings. The court finds that the respondent has not fully complied with the discovery order dated 7 November 2014 and that the applicant is entitled to further discovery and disclosure of documents within the respondent's possession, power, or procurement, as specified in Schedules I and II, to enable the court to make proper provision. The court rejects the respondent's arguments that the requests are excessive or irrelevant where the respondent has demonstrated the ability to...

Citation
[2015] IEHC 537
Parties
Applicant: S. C.; Respondent: J. B.
Jurisdiction
Ireland
Judgment Date
08 May 2015
Procedural Posture
Divorce Proceedings (family Law) / Interlocutory Application for Discovery and Disclosure Orders
Outcome
Application granted in part; respondent ordered to comply with discovery and disclosure obligations.
Legal Topics
Disclosure Obligations, Discovery Orders, Proper Provision in Divorce, Trusts and Beneficial Interests, Financial Disclosure, Misrepresentation, Enforcement of Court Orders
Family Law Civil Procedure Disclosure Obligations Discovery Orders Proper Provision in Divorce Trusts and Beneficial Interests Financial Disclosure Misrepresentation +1 more

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Parties

S. C.

Applicant

J. B.

Respondent

Procedural Posture

Divorce Proceedings (family Law) / Interlocutory Application for Discovery and Disclosure Orders

Legal Issues

  1. 1 Whether the respondent has complied with his duty of full and frank disclosure under the Family Law (Divorce) Act 1996 and relevant court orders
  2. 2 Whether the respondent is in breach of the discovery order dated 7 November 2014
  3. 3 Whether the applicant is entitled to further discovery and disclosure of documents relating to the respondent's financial circumstances, trusts, and associated companies

Ratio Decidendi

The respondent is under a continuing statutory and constitutional duty to provide full and frank disclosure of all assets, income, and interests relevant to the determination of proper provision in divorce proceedings. The court finds that the respondent has not fully complied with the discovery order dated 7 November 2014 and that the applicant is entitled to further discovery and disclosure of documents within the respondent's possession, power, or procurement, as specified in Schedules I and II, to enable the court to make proper provision. The court rejects the respondent's arguments that the requests are excessive or irrelevant where the respondent has demonstrated the ability to...

Court Disposition

Application granted in part; respondent ordered to comply with discovery and disclosure obligations.

Orders

  • Respondent to comply with the order of 7 November 2014 within a specified period.
  • Respondent to provide discovery on oath of all documents within his possession, power, or procurement as set out in Schedules I and II.