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[1] The present application has its origins in divorce proceedings between the parties which included an application by W for ancillary relief. In the course of the ancillary relief proceedings, which were conducted in chambers in accordance with the general rule contained in Rule 2.69 of the Family Proceedings Rules (NI) SR&O 1996 No 322 ("the Rules"), H was required to make disclosure of, inter alia, certain accounting records maintained by him as part of his accounts as a practising solicitor.
[3] Unfortunately neither Ms Bryson nor the Solicitor nor, not unnaturally, W seem to have adverted to any possible legal implications of the fact that this information had been obtained by the Solicitor in the course of family proceedings conducted in chambers. Rather, Ms Bryson and the Solicitor appear to have proceeded on the assumption that as the Society had an interest in knowing about these matters the Solicitor was obliged to furnish it with the materials because of the provisions of Regulation 25 of the Solicitors Practice Regulations 1987 which provide as follows:
[8] These proceedings commenced by way of an application dated 18 May 2010 for an order pursuant to Order 24 Rule 17 discharging [the Solicitor] and [W] from their implied undertaking to this Court and to the Petitioner not to use any documents discovered during the course of these proceedings for a purpose other than the conduct of those proceedings, in relation to a report made by [the solicitor] with the consent of the respondent, to the Law Society of Northern Ireland on 7 January 2007.
[9] At the initial hearing I expressed doubt as to whether Order 24 Rule 17 is apt to found the present application. That rule is in the following terms �
As noticed at para. [1] above, by virtue of the provisions of Rule 2.69(2) of the Rules, the hearing or consideration of an application for ancillary relief or any question arising thereon shall, unless the judge otherwise directs, take place in chambers. No contrary direction was given by Gillen J. Furthermore, by Rule 7.12(2) of the Rules �
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