S.T. v W.X. (overnight transcripts, oral evidence, cross-examination) (Approved) [2026] IEHC 284 (27 April 2026)

S.T. v W.X. (overnight transcripts, oral evidence, cross-examination) (Approved) [2026] IEHC 284 (27 April 2026)

The application to restrict the Respondent's access to overnight transcripts of his own evidence during cross-examination is refused. The Court found no sufficient basis to curtail access, particularly given the late stage of the application, the absence of any restriction on the Applicant, and the lack of evidence of improper coaching. The potential for improper use does not justify a general prohibition, and any unfairness can be addressed through cross-examination.

Citation
[2026] IEHC 284
Parties
Applicant: S. T.; Respondent: W. X.
Jurisdiction
Ireland
Judgment Date
27 April 2026
Procedural Posture
Family Law Application Under Section 173 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 / Interlocutory Application During Ongoing Trial
Outcome
Application refused
Legal Topics
Access to Transcripts, Cross Examination, Witness Evidence, Fair Trial
Family Law Civil Procedure Access to Transcripts Cross Examination Witness Evidence Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

S. T.

Applicant

W. X.

Respondent

Procedural Posture

Family Law Application Under Section 173 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 / Interlocutory Application During Ongoing Trial

Legal Issues

  1. 1 Whether the Respondent should be denied access to overnight transcripts of his own evidence during cross-examination
  2. 2 Whether late application to restrict access to transcripts is permissible
  3. 3 Whether access to transcripts during cross-examination undermines fairness or facilitates coaching

Ratio Decidendi

The application to restrict the Respondent's access to overnight transcripts of his own evidence during cross-examination is refused. The Court found no sufficient basis to curtail access, particularly given the late stage of the application, the absence of any restriction on the Applicant, and the lack of evidence of improper coaching. The potential for improper use does not justify a general prohibition, and any unfairness can be addressed through cross-examination.

Court Disposition

Application refused

Orders

  • Application to restrict Respondent's access to overnight transcripts of his own evidence during cross-examination is refused.
  • Costs of the application are reserved to the conclusion of the hearing.