McMullen v Giles J. Kennedy p/a Giles J. Kennedy & Co. Solicitors [2012] IESC 56 (15 November 2012)

McMullen v Giles J. Kennedy p/a Giles J. Kennedy & Co. Solicitors [2012] IESC 56 (15 November 2012)

The documents sought to be admitted were available to the appellant prior to the High Court hearing and do not constitute new evidence under the legal test. The application to admit new evidence and to further examine Ms. Madigan is refused. Extension of time to file books of appeal and certificate of readiness is granted.

Citation
[2012] IESC 56
Parties
Plaintiff/appellant: Michael Colin Geoffrey McMullen; Defendant/respondent: Giles J. Kennedy p/a Giles J. Kennedy & Co. Solicitors
Jurisdiction
Ireland
Judgment Date
15 November 2012
Procedural Posture
Appeal / Motion for Admission of New Evidence and Procedural Orders in Supreme Court
Outcome
Application to admit new evidence and for further examination refused; extension of time granted.
Legal Topics
Admission of New Evidence on Appeal, Solicitor Negligence, Extension of Time, Cross Examination of Witnesses
Civil Procedure Professional Negligence Admission of New Evidence on Appeal Solicitor Negligence Extension of Time Cross Examination of Witnesses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Michael Colin Geoffrey McMullen

Plaintiff/appellant

Giles J. Kennedy p/a Giles J. Kennedy & Co. Solicitors

Defendant/respondent

Procedural Posture

Appeal / Motion for Admission of New Evidence and Procedural Orders in Supreme Court

Legal Issues

  1. 1 Whether documents sought to be admitted constitute 'new evidence' under Order 58, rule 8 of the Rules of the Superior Courts
  2. 2 Whether further examination of Ms. Pamela Madigan should be permitted
  3. 3 Whether extension of time to file books of appeal and certificate of readiness should be granted

Ratio Decidendi

The documents sought to be admitted were available to the appellant prior to the High Court hearing and do not constitute new evidence under the legal test. The application to admit new evidence and to further examine Ms. Madigan is refused. Extension of time to file books of appeal and certificate of readiness is granted.

Court Disposition

Application to admit new evidence and for further examination refused; extension of time granted.

Orders

  • Refusal to admit new evidence
  • Refusal to order further examination of Ms. Pamela Madigan