Ryanair Ltd -v- Bravofly Ltd [2016] IESC 53 (23 February 2016)

Ryanair Ltd -v- Bravofly Ltd [2016] IESC 53 (23 February 2016)

The Supreme Court held that, although the default in late delivery of the supplemental witness statement was unsatisfactory and unexplained, the absence of prejudice to the respondent and the relevance of the evidence justified its admission. The trial judge erred in refusing to admit the statement, and the appeal was allowed. The Court also held that, exceptionally, it would entertain the appeal due to the significant delay and unique circumstances.

Citation
[2016] IESC 53
Parties
Plaintiff/appellant: Ryanair Limited; Defendant/respondent: Bravofly Limited
Jurisdiction
Ireland
Judgment Date
23 February 2016
Procedural Posture
Civil Appeal / Appeal From Interlocutory Order in Commercial Proceedings
Outcome
appeal allowed
Legal Topics
Case Management, Witness Statements, Admissibility of Evidence, Commercial Court Rules
Civil Procedure Commercial Law Case Management Witness Statements Admissibility of Evidence Commercial Court Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Ryanair Limited

Plaintiff/appellant

Bravofly Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Interlocutory Order in Commercial Proceedings

Legal Issues

  1. 1 Whether the High Court erred in refusing to admit a supplemental witness statement delivered out of time in commercial proceedings
  2. 2 Whether the Supreme Court should entertain an appeal from an interlocutory ruling during ongoing proceedings

Ratio Decidendi

The Supreme Court held that, although the default in late delivery of the supplemental witness statement was unsatisfactory and unexplained, the absence of prejudice to the respondent and the relevance of the evidence justified its admission. The trial judge erred in refusing to admit the statement, and the appeal was allowed. The Court also held that, exceptionally, it would entertain the appeal due to the significant delay and unique circumstances.

Court Disposition

appeal allowed

Orders

  • The supplemental witness statement(s) may be furnished and admitted, subject to the respondent's right to object on evidential grounds.
  • The High Court is to review the case and may permit Bravofly to file a responding statement.