The Law Society -v- Coleman [2017] IESC 39 (14 June 2017)

The Law Society -v- Coleman [2017] IESC 39 (14 June 2017)

Given the close connection between the proposed new grounds of appeal and the new evidence, and the need for a full understanding of their relevance to the substantive appeal, the Court determined that the motions to expand grounds and admit new evidence should be adjourned to the hearing of the substantive appeal, with precise directions for preparation and conduct of the appeal.

Citation
[2017] IESC 39
Parties
Applicant/respondent: The Law Society; Respondent/appellant: Daniel Coleman
Jurisdiction
Ireland
Judgment Date
14 June 2017
Procedural Posture
Appeal / Interlocutory Motions Prior to Substantive Appeal
Outcome
Motions to expand grounds of appeal and admit new evidence adjourned to substantive appeal; directions issued for preparation and conduct of appeal.
Legal Topics
Solicitor Disciplinary Proceedings, Admission of New Evidence on Appeal, Expansion of Grounds of Appeal, Procedural Directions
Professional Discipline Civil Procedure Solicitor Disciplinary Proceedings Admission of New Evidence on Appeal Expansion of Grounds of Appeal Procedural Directions

Case Brief

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Parties

The Law Society

Applicant/respondent

Daniel Coleman

Respondent/appellant

Procedural Posture

Appeal / Interlocutory Motions Prior to Substantive Appeal

Legal Issues

  1. 1 Whether Mr. Coleman should be permitted to expand the grounds of appeal
  2. 2 Whether Mr. Coleman should be permitted to admit additional evidence on appeal

Ratio Decidendi

Given the close connection between the proposed new grounds of appeal and the new evidence, and the need for a full understanding of their relevance to the substantive appeal, the Court determined that the motions to expand grounds and admit new evidence should be adjourned to the hearing of the substantive appeal, with precise directions for preparation and conduct of the appeal.

Court Disposition

Motions to expand grounds of appeal and admit new evidence adjourned to substantive appeal; directions issued for preparation and conduct of appeal.

Orders

  • The two remaining motions (to expand grounds of appeal and to admit new evidence) are adjourned to the hearing of the substantive appeal.
  • Precise directions are given for preparation of appeal materials in specified books (A, B, C, D).