A v B(2) (Approved)

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In this judgment I explain why I will not exercise my discretion to release a party from its implied undertaking not to use discovered documentation obtained in other proceedings.

    This application follows on my judgment in A v. B [2023] IEHC 254 (the 'First Judgment') and should be read in tandem with the First Judgment. I refer, in particular, to my observations at ��17-19 of the First Judgment (quoted later below), in which I affirmed a decision of the Circuit Court.

������� On 11th May 2022, Judge Berkeley adjudged in the Circuit Court that Ms A was domiciled in Country Q on 5th July 1996 and that her divorce in Country Q can be recognised in Ireland. That matter has come on appeal to me. I respectfully agree with the conclusion reached by Judge Berkeley. "

        I turn now to the law concerning the application now before me, which is an application for leave to allow the three letters discovered in the Second Proceedings to ground some form of application to re-open the proceedings which were the subject of the First Judgment. The law as regards such an application has been succinctly summarised in Barry and ors v. BDO [2023] IEHC 61 . I note in particular the factors, stated at �18 of same as required to present for such an application to be successful. I treat with those factors in the next paragraph.