English v O'Driscoll & Ors [2019] IECA 153 (29 May 2019)

English v O'Driscoll & Ors [2019] IECA 153 (29 May 2019)

The trial judge dismissed the proceedings on the basis of findings and inferences regarding the plaintiff's alleged knowledge of and participation in a fraudulent scheme, without those matters being put to the plaintiff or evidence being adduced to support such findings. This constituted a breach of fair procedures, requiring the order to be set aside and the case remitted for rehearing.

Citation
[2019] IECA 153
Parties
Plaintiff/appellant: Barry English; Defendants/respondents: Niall O'Driscoll, Gearoid O'Driscoll and Dan Murphy, a firm practising under the style and title of Niall and Gearoid O'Driscoll and Company
Jurisdiction
Ireland
Judgment Date
29 May 2019
Procedural Posture
Appeal / Judgment on Appeal From High Court
Outcome
Order dismissing proceedings set aside; case remitted to High Court for rehearing before a different judge.
Legal Topics
Fair Procedures, Public Policy, Illegality, Professional Negligence, Statute of Limitations
Civil Procedure Professional Negligence Fair Procedures Public Policy Illegality Statute of Limitations

Case Brief

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Parties

Barry English

Plaintiff/appellant

Niall O'Driscoll, Gearoid O'Driscoll and Dan Murphy, a firm practising under the style and title of Niall and Gearoid O'Driscoll and Company

Defendants/respondents

Procedural Posture

Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the plaintiff/appellant was afforded fair procedures when the trial judge dismissed the proceedings on grounds not raised by the parties, specifically the alleged illegality of the investment scheme and the plaintiff's alleged knowledge of fraud.

Ratio Decidendi

The trial judge dismissed the proceedings on the basis of findings and inferences regarding the plaintiff's alleged knowledge of and participation in a fraudulent scheme, without those matters being put to the plaintiff or evidence being adduced to support such findings. This constituted a breach of fair procedures, requiring the order to be set aside and the case remitted for rehearing.

Court Disposition

Order dismissing proceedings set aside; case remitted to High Court for rehearing before a different judge.

Orders

  • Set aside the order of the High Court dismissing the proceedings.
  • Remit the case to the High Court for rehearing before a different judge.