FS v Diocese of Dromore & Ors [2021] NIMaster 9 (11 November 2021)

FS v Diocese of Dromore & Ors [2021] NIMaster 9 (11 November 2021)

The court set aside the previous order under its inherent jurisdiction due to lack of due process, then granted the section 32 application for third party disclosure, finding the request proportionate and relevant, with redaction of complainants' identities, and ordered costs as per usual practice.

Citation
[2021] NIMaster 9
Parties
Plaintiff: FS; First Defendant: The Diocese of Dromore; Second Defendant: The Board of Governors of St Colman's College, Newry; Third Defendant: The Department of Education; Third Party: Chief Constable of the Police Service of Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
11 November 2021
Procedural Posture
Personal Injury (sexual Abuse) Civil Action / Interlocutory Application for Third Party Disclosure Under Section 32 of the Administration of Justice Act 1970
Outcome
Section 32 application granted; previous order set aside; disclosure ordered with redactions; costs awarded as per usual practice.
Legal Topics
Third Party Disclosure, Proportionality in Discovery, Inherent Jurisdiction, Costs of Third Party Disclosure, Redaction of Sensitive Information
Civil Procedure Personal Injury Disclosure/discovery Third Party Disclosure Proportionality in Discovery Inherent Jurisdiction Costs of Third Party Disclosure Redaction of Sensitive Information

Case Brief

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Parties

FS

Plaintiff

The Diocese of Dromore

First Defendant

The Board of Governors of St Colman's College, Newry

Second Defendant

The Department of Education

Third Defendant

Chief Constable of the Police Service of Northern Ireland

Third Party

Procedural Posture

Personal Injury (sexual Abuse) Civil Action / Interlocutory Application for Third Party Disclosure Under Section 32 of the Administration of Justice Act 1970

Legal Issues

  1. 1 Whether the court should set aside a previous ex parte order for third party disclosure under section 32 of the Administration of Justice Act 1970
  2. 2 Whether the Chief Constable should be ordered to disclose documents relating to the investigation of Fr Malachy Finnegan to the plaintiff
  3. 3 Whether the scope of the disclosure sought is proportionate

Ratio Decidendi

The court set aside the previous order under its inherent jurisdiction due to lack of due process, then granted the section 32 application for third party disclosure, finding the request proportionate and relevant, with redaction of complainants' identities, and ordered costs as per usual practice.

Court Disposition

Section 32 application granted; previous order set aside; disclosure ordered with redactions; costs awarded as per usual practice.

Orders

  • Order of 12 March 2021 set aside under inherent jurisdiction.
  • Chief Constable to disclose documents relating to the investigation of Fr Malachy Finnegan to FS, with redaction of other complainants' identities.