This is a collection of documents relating to the interlocutory disclosure application of Patrick Kelly in his sex discrimination case against University College Dublin (Irish High Court record number 2007 52 CA).

The Court of Justice of the European Union, at paragraphs 17-23 of its judgement of 21 July 2011 in Case C-104/10 Kelly [2011] ECR I-0000, summarized the context as follows:

"Mr Kelly is a qualified teacher and resident in Dublin.  UCD is a higher education establishment.  For the academic period 2002-2004, it was offering a course entitled 'Master’s degree in Social Science (Social Worker) mode A'.  On 23 December 2001, Mr Kelly submitted an application to UCD seeking admission to the course.  At the end of the selection process he was informed by letter dated 15 March 2002 that his application had not been successful.  Dissatisfied with that decision, Mr Kelly made a formal complaint of discrimination on grounds of sex to the Director of the Equality Tribunal in April 2002, claiming that he was better qualified than the least-qualified female candidate to be offered a place.  On 2 November 2006, an Equality Officer handling the complaint under the aegis of the Director of the Equality Tribunal reached a decision concluding that the complainant had failed to establish prima facie discrimination on grounds of sex.  Mr Kelly appealed against that decision to the Circuit Court.  On 4 January 2007 Mr Kelly also applied to the Circuit Court, under Order 57A rule 6(6) of the Circuit Court Rules, seeking from UCD copies of certain specified documents ('the disclosure application').  He requested copies of the retained applications, copies of the documents appended to or included with those applications, and copies of the 'scoring sheets' of the candidates whose application forms had been retained.  The President of the Circuit Court refused the disclosure application by order of 12 March 2007.  On 14 March 2007, Mr Kelly appealed against that order to the High Court".

On 28 July 2008 then High Court Judge Liam McKechnie held that he "would exercise" his "discretion" under "national law...in favor of the other applicants' right to confidentiality" and refuse my disclosure application.  This decision was described as "provisional" because he was "unclear" if it would violate Union law.  A preliminary reference was made by Mr Justice McKechnie to the Court of Justice of the European Union on 29 January 2010 under Article 267 of the Treaty on the Functioning of the European Union.  On 9 May 2012 High Court Judge John Hedigan said that he did not "propose to [i.e., would not] interfere with the provisional decision" of Mr Justice McKechnie.

This collection includes copies of documents used in the Irish Circuit Court, Irish High Court, and Court of Justice of the European Union proceedings.