PJ Carroll & Company Limited and ors -v- The Minister for Health & Children and ors [2005] IESC 26 (03 May 2005)

PJ Carroll & Company Limited and ors -v- The Minister for Health & Children and ors [2005] IESC 26 (03 May 2005)

The Supreme Court held that the State is entitled to call oral evidence relevant to the proportionality of impugned legislation in a constitutional challenge, even where certain facts are admitted in pleadings. The High Court's order precluding such evidence was premature and unjustified, as proportionality was not admitted and may require evidentiary support.

Citation
[2005] IESC 26
Parties
Plaintiff/respondent: P. J. Carroll & Company Limited; Plaintiff/respondent: John Player & Sons Limited; Plaintiff/respondent: Van Nelle (Ireland); Plaintiff/respondent: Reemtsma Cigarettenfabriken GmbH; Plaintiff/respondent: Gallaher (Dublin) Limited; Plaintiff/respondent: Societe Nationale D’Exploitation Industrielle Des Tabacs Et Allumettes (SEITA); Plaintiff/respondent: Gerry Lawlor; Plaintiff/respondent: Conor Fuller; Defendant/appellant: The Minister for Health and Children; Defendant/appellant: Ireland; Defendant/appellant: The Attorney General; Defendant/appellant: The Office of Tobacco Control
Jurisdiction
Ireland
Judgment Date
03 May 2005
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court (commercial Court) Case Management Order
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Proportionality, Case Management, Admissibility of Evidence, Constitutionality of Legislation
Constitutional Law Civil Procedure Proportionality Case Management Admissibility of Evidence Constitutionality of Legislation

Case Brief

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Parties

P. J. Carroll & Company Limited

Plaintiff/respondent

John Player & Sons Limited

Plaintiff/respondent

Van Nelle (Ireland)

Plaintiff/respondent

Reemtsma Cigarettenfabriken GmbH

Plaintiff/respondent

Gallaher (Dublin) Limited

Plaintiff/respondent

Societe Nationale D’Exploitation Industrielle Des Tabacs Et Allumettes (SEITA)

Plaintiff/respondent

Gerry Lawlor

Plaintiff/respondent

Conor Fuller

Plaintiff/respondent

The Minister for Health and Children

Defendant/appellant

Ireland

Defendant/appellant

The Attorney General

Defendant/appellant

The Office of Tobacco Control

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court (commercial Court) Case Management Order

Legal Issues

  1. 1 Whether the State is entitled to adduce oral evidence on the issue of proportionality in a constitutional challenge to legislation
  2. 2 Whether the High Court was correct to preclude the State from calling evidence on facts admitted in pleadings, particularly regarding proportionality

Ratio Decidendi

The Supreme Court held that the State is entitled to call oral evidence relevant to the proportionality of impugned legislation in a constitutional challenge, even where certain facts are admitted in pleadings. The High Court's order precluding such evidence was premature and unjustified, as proportionality was not admitted and may require evidentiary support.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • Order of the High Court precluding the State from adducing evidence on proportionality set aside
  • Matter remitted for further proceedings consistent with this judgment