Ahern v Bus Eireann [2011] IESC 44 (02 December 2011)

Ahern v Bus Eireann [2011] IESC 44 (02 December 2011)

The appellant failed to prove on the balance of probabilities that the respondent knowingly gave or caused to be given false or misleading evidence or affidavits in a material respect. The High Court's assessment of the respondent as a truthful witness was upheld, and the requirements of s. 26(1) and s. 26(2) of the Civil Liability and Courts Act, 2004 were not met.

Citation
[2011] IESC 44
Parties
Plaintiff/respondent: Rose Ahern; Defendant/appellant: Bus Éireann
Jurisdiction
Ireland
Judgment Date
02 December 2011
Procedural Posture
Personal Injuries Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Personal Injuries, Fraudulent Claims, Burden of Proof, Section 26 Civil Liability and Courts Act 2004, Assessment of Damages
Tort Law Civil Procedure Personal Injuries Fraudulent Claims Burden of Proof Section 26 Civil Liability and Courts Act 2004 Assessment of Damages

Case Brief

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Parties

Rose Ahern

Plaintiff/respondent

Bus Éireann

Defendant/appellant

Procedural Posture

Personal Injuries Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the plaintiff/respondent's claim should be dismissed under s. 26(1) or s. 26(2) of the Civil Liability and Courts Act, 2004 for giving or adducing false or misleading evidence or affidavits
  2. 2 Whether the High Court erred in its assessment of the plaintiff/respondent's truthfulness and the application of the statutory provisions

Ratio Decidendi

The appellant failed to prove on the balance of probabilities that the respondent knowingly gave or caused to be given false or misleading evidence or affidavits in a material respect. The High Court's assessment of the respondent as a truthful witness was upheld, and the requirements of s. 26(1) and s. 26(2) of the Civil Liability and Courts Act, 2004 were not met.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • Appeal dismissed
  • Order of the High Court affirmed