RAS Medical Ltd v The Royal College of Surgeons in Ireland [2019] IESC 4 (05 February 2019)

RAS Medical Ltd v The Royal College of Surgeons in Ireland [2019] IESC 4 (05 February 2019)

The Supreme Court held that, although discovered documents exhibited in affidavits are not automatically admissible as evidence of their contents, where such documents are placed before the court without objection at first instance, it is too late to object to their admissibility on appeal. However, the Court of Appeal erred in overturning the High Court's factual findings on the basis of those documents without cross-examination of the witness whose sworn testimony was contradicted. The proper procedure would have been to seek cross-examination if the truth of the testimony was disputed. The appeal was allowed and the Court of Appeal's decision was set aside.

Citation
[2019] IESC 4
Parties
Applicant/respondent: RAS Medical Limited trading as Park West Clinic; Respondent/appellant: Royal College of Surgeons in Ireland
Jurisdiction
Ireland
Judgment Date
05 February 2019
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From Court of Appeal
Outcome
Appeal allowed
Legal Topics
Admissibility of Discovered Documents, Fair Procedures, Retrospective Application of Guidelines, Resolution of Factual Disputes on Affidavit
Administrative Law Judicial Review Evidence Admissibility of Discovered Documents Fair Procedures Retrospective Application of Guidelines Resolution of Factual Disputes on Affidavit

Case Brief

Summary, issues, holding and outcome

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Parties

RAS Medical Limited trading as Park West Clinic

Applicant/respondent

Royal College of Surgeons in Ireland

Respondent/appellant

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal was correct to rely on discovered documents not formally proved or agreed as evidence to overturn the High Court's factual findings.
  2. 2 Whether it was permissible to resolve a factual dispute contrary to sworn testimony without cross-examination, based on discovered documents.
  3. 3 Whether the refusal of CPD accreditation was based on retrospectively applied unpublished guidelines, breaching fair procedures.

Ratio Decidendi

The Supreme Court held that, although discovered documents exhibited in affidavits are not automatically admissible as evidence of their contents, where such documents are placed before the court without objection at first instance, it is too late to object to their admissibility on appeal. However, the Court of Appeal erred in overturning the High Court's factual findings on the basis of those documents without cross-examination of the witness whose sworn testimony was contradicted. The proper procedure would have been to seek cross-examination if the truth of the testimony was disputed. The appeal was allowed and the Court of Appeal's decision was set aside.

Court Disposition

Appeal allowed

Orders

  • Decision of the Court of Appeal set aside
  • High Court order restored