The High Court has ruled that a person may, without first obtaining court leave, give documents, information or evidence from private family-law proceedings to certain bodies or people conducting investigations or adjudicating matters under the law.
Mr Justice Max Barrett said the position followed a 2023 amendment to the Civil Liability and Courts Act 2004. The case concerned an applicant’s request to use material from divorce proceedings in support of complaints to the Legal Services Regulatory Authority and An Garda Síochána.
The judge rejected the respondent’s argument that the applicant first had to make a complaint and wait until the receiving body had begun an investigation before sharing supporting material. He said a person could offer relevant documents when making an oral complaint, or attach them to a written complaint. In either situation, the statutory protection would apply when the receiving garda or other qualifying recipient turned to the material.
The judge said the same approach applied to bodies and people covered by the amended provisions. He observed that they were a relatively select group expected to act responsibly. He also acknowledged that the material could be private and that disclosure involved competing public and private interests, including the confidentiality of family proceedings and the public interest in allowing complaints about alleged wrongdoing.
The court varied any earlier orders that it had power to vary, to the extent necessary to allow the applicant to proceed under the amended law. The judge did not grant the other disclosure orders sought, saying they were unnecessary because the statute already permitted disclosure without leave. He refused two requests for An Garda Síochána to be given liberty to disclose material to the Director of Public Prosecutions or otherwise, noting that the Gardaí had not sought that relief and were not a party to the application.
The applicant had also asked that a section 47 report be excluded from any disclosure order. As the court made no disclosure order, the judge said there was nothing further to do on that request. The judgment does not determine the merits of the complaints or make findings about the alleged wrongdoing.