X v Y(3) (Approved) [2024] IEHC 92 (21 February 2024)

X v Y(3) (Approved) [2024] IEHC 92 (21 February 2024)

Following the enactment of s.56 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023, leave of court is no longer required for the production of documents or giving of information or evidence from in camera family law proceedings to specified bodies under s.40(6) and (7) of the Civil Liability and Courts Act 2004. Any prior orders restricting such disclosure are to be varied accordingly.

Citation
[2024] IEHC 92
Parties
Applicant: X; Respondent: Y(3)
Jurisdiction
Ireland
Judgment Date
21 February 2024
Procedural Posture
Family Law Application / Judgment on Application for Disclosure Orders Following Legislative Amendment
Outcome
Application largely refused as unnecessary; prior orders varied to permit disclosure under amended law.
Legal Topics
Disclosure of Evidence, In Camera Proceedings, Statutory Interpretation, Variation of Court Orders
Family Law Civil Procedure Disclosure of Evidence In Camera Proceedings Statutory Interpretation Variation of Court Orders

Case Brief

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Parties

X

Applicant

Y(3)

Respondent

Procedural Posture

Family Law Application / Judgment on Application for Disclosure Orders Following Legislative Amendment

Legal Issues

  1. 1 Whether leave of court is required for disclosure of documents or evidence from in camera family law proceedings to specified bodies under amended s.40 of the Civil Liability and Courts Act 2004
  2. 2 Whether previous court orders restricting disclosure should be varied in light of legislative change

Ratio Decidendi

Following the enactment of s.56 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023, leave of court is no longer required for the production of documents or giving of information or evidence from in camera family law proceedings to specified bodies under s.40(6) and (7) of the Civil Liability and Courts Act 2004. Any prior orders restricting such disclosure are to be varied accordingly.

Court Disposition

Application largely refused as unnecessary; prior orders varied to permit disclosure under amended law.

Orders

  • Reliefs sought by Mr X for leave to disclose are refused as unnecessary under s.7A.
  • Reliefs seeking liberty for An Garda Síochána to disclose are refused.