X Children v. H.&S.S. Min. [2015] 2 JLR 126 (08 December 2015)
- Citation
- [2015] 2 JLR 126
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Children's Action / Ruling on Disclosure
More details
- Posture
- Children's Action / Ruling on Disclosure
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Disclosure of anonymized expert reports was ordered to the Independent Jersey Care Inquiry, considering the implied undertaking of confidentiality and the public interest in investigating child abuse and neglect.
Court disposition
Disclosure ordered
Orders
- Anonymized expert reports to be disclosed to the Independent Jersey Care Inquiry
02
Material facts
Parties
X Children
ApplicantMinister for Health and Social Services
Respondent03
Procedural history
Posture
Children's Action / Ruling on Disclosure
04
Questions and positions
Legal issues
Whether expert reports subject to implied undertaking of confidentiality should be disclosed to the Independent Jersey Care Inquiry
Party arguments
- Applicant
- Expert reports are confidential and should not be disclosed without proper safeguards.
- Respondent
- Disclosure of anonymized reports is necessary for the Independent Jersey Care Inquiry to investigate child abuse and neglect.
05
Court’s reasoning
Legal principles
- 01
Family Law
Implied undertaking of confidentiality in respect of documents disclosed in litigation
- 02
Family Law
Balancing confidentiality with public interest in disclosure for inquiry
06
Ratio, limits and disposition
Ratio decidendi
Disclosure of anonymized expert reports was ordered to the Independent Jersey Care Inquiry, considering the implied undertaking of confidentiality and the public interest in investigating child abuse and neglect.
Court disposition
Disclosure ordered
- Anonymized expert reports to be disclosed to the Independent Jersey Care Inquiry
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> X Children v. H.&S. S. Min. [2015] 2 JLR 126 (08 December 2015) URL: https://www.bailii.org/je/cases/JLR/2015/JLR152126.html Cite as: [2015] 2 JLR 126 [ New search ] [ Help ] X Children v. H.&S. S. Min. 2015 (2) JLR 126 (08 December 2015) Family Law-children-confidentiality of documents-disclosure-in children's action against Minister for Health and Social Services concerning child abuse and neglect expert reports subject to implied undertaking of confidentiality-disclosure ordered of anonymized reports to Independent Jersey Care Inquiry-factors considered The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2015 (2) JLR 126 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2015/JLR152126.html
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