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The High Court, in family proceedings, decides that material belonging to the respondent, which was obtained unlawfully by the applicant, should be included in a forensic accountant's report, on the basis that the constitutional rights of the respondent are outweighed by the need for the court to make proper provision for the applicant and, in particular, the couple's children.
Family law - judicial separation - case management - affidavit of means - forensic accountant's report - unlawfully obtained material - whether material admissible - Constitutional right to privacy - Constitutional provisions relating to the family - balancing - proper provision - rights of the children - solicitor-client relationship - Court finds that need to make proper provision for wife and children requires the inclusion of the aforesaid material in the report - court declines to follow "Imerman" test set down in English authority - Court prefers approach of White J in P. v. Q. [2012] IEHC 593.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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