Nevin v Nevin & anor [2019] IESC 6 (07 February 2019)

Nevin v Nevin & anor [2019] IESC 6 (07 February 2019)

A criminal conviction for murder is admissible as prima facie evidence in subsequent civil proceedings involving succession rights, and Hollington v Hewthorn does not represent binding law in Ireland. The conviction is not conclusive but may be challenged by the defendant. The motion for preliminary ruling was not ideally framed but was permissible. Statutory provisions may ultimately govern admissibility, but common law allows admission as prima facie evidence.

Citation
[2019] IESC 6
Parties
Plaintiff/respondent: Patrick Nevin; Plaintiff/respondent: Margaret Lavelle (formerly Nora Nevin); Defendant/appellant: Catherine Nevin
Jurisdiction
Ireland
Judgment Date
07 February 2019
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Admissibility of Criminal Convictions in Civil Proceedings, Inheritance Rights After Murder, Common Law Vs Statutory Interpretation, Abuse of Process, Public Policy
Succession Law Evidence Civil Procedure Admissibility of Criminal Convictions in Civil Proceedings Inheritance Rights After Murder Common Law Vs Statutory Interpretation Abuse of Process Public Policy

Case Brief

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Parties

Patrick Nevin

Plaintiff/respondent

Margaret Lavelle (formerly Nora Nevin)

Plaintiff/respondent

Catherine Nevin

Defendant/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Is a criminal conviction for murder admissible as evidence in subsequent civil proceedings regarding succession rights?
  2. 2 Does Hollington v Hewthorn represent the law in Ireland regarding admissibility of criminal convictions in civil cases?
  3. 3 Is it an abuse of process for a defendant to challenge a prior conviction in civil proceedings?

Ratio Decidendi

A criminal conviction for murder is admissible as prima facie evidence in subsequent civil proceedings involving succession rights, and Hollington v Hewthorn does not represent binding law in Ireland. The conviction is not conclusive but may be challenged by the defendant. The motion for preliminary ruling was not ideally framed but was permissible. Statutory provisions may ultimately govern admissibility, but common law allows admission as prima facie evidence.

Court Disposition

appeal dismissed

Orders

  • Conviction for murder admissible as prima facie evidence in civil proceedings.
  • No conclusive determination on statutory interpretation of s.120 Succession Act 1965.