High Court, in probate proceedings, upon application by the surviving spouse to allow previous family law proceedings into the current matter, agrees to hear the matter in camera due the nature of the proceedings, the court having an inherent or common law jurisdiction to hear a matter in private notwithstanding the general constitutional principle that justice should be administered in public.
Application under section 27(4) of the Succession Act 1965 in which the applicant seeks liberty to apply for letters of administration in respect of the estate of her deceased adult child - the respondent, the deceased’s spouse from whom the deceased was separated at the time of their death, has already lodged an application in the Probate Office for a grant of letters of administration intestate to the deceased’s estate - judgement deals with a preliminary application made by the applicant to have the section 27(4) application heard in camera - law on in camera proceedings - background to application - separation agreement was drawn up between the deceased and the spouse but not signed by the deceased - spouse brought District Court proceedings for maintenance against the deceased - spouse later issued divorce proceedings - deceased died over two years later without final orders being made - administration of justice in public case law - article 6.1 of the European Convention on Human Rights - principles that should be adopted in considering an application for proceedings to be held in camera on the basis of the court’s common law jurisdiction - outlining facts pursuant to Gilchrist and Rogers - law on protection of privacy of a deceased person - both parties correctly to this application have pragmatically submitted that as the High Court has full original jurisdiction under the Constitution, it can receive and use in camera material generated before a lower court without the formal consent of the lower court being required - order in this case that it be heard in camera.