S v E (Approved) [2025] IEHC 377 (26 June 2025)

S v E (Approved) [2025] IEHC 377 (26 June 2025)

The High Court has discretion under s.37(2) to permit fresh evidence on appeal where the Circuit Court hearing was on affidavit only; interests of justice warrant allowing the appellant to adduce additional evidence from two professionals, with reciprocal leave for the respondent.

Citation
[2025] IEHC 377
Parties
Applicant/respondent: S; Respondent/appellant: E
Jurisdiction
Ireland
Judgment Date
26 June 2025
Procedural Posture
Family Law Appeal / Interlocutory Application for Special Leave to Adduce Fresh Evidence on Appeal
Outcome
Appellant granted special leave to adduce evidence from two professionals by affidavit; respondent granted reciprocal leave for additional witnesses; costs reserved.
Legal Topics
Judicial Separation, Divorce, Appeals, Admissibility of Fresh Evidence
Family Law Civil Procedure Judicial Separation Divorce Appeals Admissibility of Fresh Evidence

Case Brief

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Parties

S

Applicant/respondent

E

Respondent/appellant

Procedural Posture

Family Law Appeal / Interlocutory Application for Special Leave to Adduce Fresh Evidence on Appeal

Legal Issues

  1. 1 Whether the appellant may adduce oral evidence not heard in the Circuit Court on appeal under s.37(2) of the Courts of Justice Act, 1936
  2. 2 Scope of discretion to admit fresh evidence on appeal where Circuit Court hearing was on affidavit only

Ratio Decidendi

The High Court has discretion under s.37(2) to permit fresh evidence on appeal where the Circuit Court hearing was on affidavit only; interests of justice warrant allowing the appellant to adduce additional evidence from two professionals, with reciprocal leave for the respondent.

Court Disposition

Appellant granted special leave to adduce evidence from two professionals by affidavit; respondent granted reciprocal leave for additional witnesses; costs reserved.

Orders

  • Appellant to serve and file affidavits from two professional witnesses within two weeks.
  • Respondent granted special leave to nominate additional witnesses and serve affidavits within two weeks of receipt of appellant's affidavits.