Re D [2009] JRC 067A (09 April 2009)

Re D [2009] JRC 067A (09 April 2009)

The court exercised its discretion to grant leave for disclosure of the requested documents to police legal advisers, finding that the husband's right to defend himself in potential criminal proceedings outweighed the confidentiality concerns, provided that appropriate conditions were imposed to protect the interests of the children and the integrity of the family proceedings.

Citation
[2009] JRC 067A
Parties
Applicant: The wife; Respondent: The husband
Jurisdiction
Jersey
Judgment Date
09 April 2009
Procedural Posture
Family Law Disclosure Application / Interlocutory Application for Leave to Disclose Documents
Outcome
Application granted with conditions
Legal Topics
Disclosure of Documents, Confidentiality in Family Proceedings, Use of Family Court Documents in Criminal Proceedings
Family Law Criminal Law Evidence Disclosure of Documents Confidentiality in Family Proceedings Use of Family Court Documents in Criminal Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

The wife

Applicant

The husband

Respondent

Procedural Posture

Family Law Disclosure Application / Interlocutory Application for Leave to Disclose Documents

Legal Issues

  1. 1 Whether leave should be granted to disclose family court documents to police legal advisers for the purpose of a criminal investigation against the husband
  2. 2 What conditions, if any, should be imposed on such disclosure

Ratio Decidendi

The court exercised its discretion to grant leave for disclosure of the requested documents to police legal advisers, finding that the husband's right to defend himself in potential criminal proceedings outweighed the confidentiality concerns, provided that appropriate conditions were imposed to protect the interests of the children and the integrity of the family proceedings.

Court Disposition

Application granted with conditions

Orders

  • Leave granted for disclosure of the requested documents to Mrs. O'Donnell and other police legal advisers solely for the purpose of determining whether to prosecute the husband.
  • The name of the child who made a witness statement is not to be redacted; the name of the other sibling is to be redacted where it appears.