High Court Upholds Letters Rogatory Despite Non-disclosure At Ex Parte Stage

In the recent decision in Runbuk Inc v Ice Cap Adventures and David Kelly [2026] IEHC 644, the High Court refused to set aside an ex-parte order giving effect to a request for cross-border judicial assistance, otherwise known as a Letters Rogatory, in circumstances where the plaintiff had failed to make full and frank disclosure in its ex parte application.

The decision confirms that material non-disclosure of facts at the ex parte stage, even where “more serious”, is not fatal to an application. Instead, the Court will exercise its discretion carefully, in a manner conditioned by the overall context of the non-disclosure.

Key takeaways

• Applicants seeking Letters Rogatory should ensure all material facts and procedural developments are disclosed when making ex parte applications