Duffy v Duffy [2023] NIMaster 2 (09 February 2023)

Duffy v Duffy [2023] NIMaster 2 (09 February 2023)

The court has jurisdiction and discretion to order a party to make a data subject access request to a foreign authority to obtain employment and earnings information, relying on its inherent jurisdiction and in personam powers to fulfil statutory obligations under Article 27(2) of the Matrimonial Causes Order (Northern Ireland) 1978.

Citation
[2023] NIMaster 2
Parties
Petitioner: Duffy; Respondent: Duffy
Jurisdiction
Northern Ireland
Judgment Date
09 February 2023
Procedural Posture
Ancillary Relief Proceedings / Financial Dispute Resolution Hearing
Outcome
order granted
Legal Topics
Ancillary Relief, Financial Disclosure, Data Subject Access Request, Cross Border Asset Tracing
Family Law Ancillary Relief Financial Disclosure Data Subject Access Request Cross Border Asset Tracing

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Parties

Duffy

Petitioner

Duffy

Respondent

Procedural Posture

Ancillary Relief Proceedings / Financial Dispute Resolution Hearing

Legal Issues

  1. 1 whether the court can compel a party to make a data subject access request to a foreign authority for employment and earnings information
  2. 2 scope of the court's jurisdiction to order actions affecting foreign jurisdictions
  3. 3 application of inherent jurisdiction in asset tracing

Ratio Decidendi

The court has jurisdiction and discretion to order a party to make a data subject access request to a foreign authority to obtain employment and earnings information, relying on its inherent jurisdiction and in personam powers to fulfil statutory obligations under Article 27(2) of the Matrimonial Causes Order (Northern Ireland) 1978.

Court Disposition

order granted

Orders

  • Husband required to sign consent and provide personal public service number within seven days of receiving draft consent from wife's solicitor.
  • Consent to be used for a data subject access request to the Irish Revenue Commissioners for employment and earnings information for the past three years.