L.D. v N.D. (Approved) [2020] IEHC 267 (27 February 2020)

L.D. v N.D. (Approved) [2020] IEHC 267 (27 February 2020)

In appeals from the Circuit Court to the High Court where oral evidence was given, the hearing is de novo and the appellant is entitled to call relevant and admissible evidence, including expert evidence not previously given in the Circuit Court. There is no statutory or precedential bar to such evidence being admitted.

Citation
[2020] IEHC 267
Parties
Appellant: L. D.; Respondent: N. D.
Jurisdiction
Ireland
Judgment Date
27 February 2020
Procedural Posture
Family Law Appeal / Interlocutory Ruling on Admissibility of Evidence During Appeal From Circuit Court to High Court
Outcome
Objection overruled; appellant entitled to call Dr. L as a witness.
Legal Topics
Appeals From Circuit Court, Admissibility of Evidence, Expert Evidence, Child Welfare Assessment
Family Law Civil Procedure Appeals From Circuit Court Admissibility of Evidence Expert Evidence Child Welfare Assessment

Case Brief

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Parties

L. D.

Appellant

N. D.

Respondent

Procedural Posture

Family Law Appeal / Interlocutory Ruling on Admissibility of Evidence During Appeal From Circuit Court to High Court

Legal Issues

  1. 1 Whether the appellant is entitled to call expert evidence (Dr. L) not given in the Circuit Court during a de novo appeal to the High Court
  2. 2 Distinction between s.37 and s.38 of the Courts of Justice Act, 1936 regarding fresh evidence on appeal

Ratio Decidendi

In appeals from the Circuit Court to the High Court where oral evidence was given, the hearing is de novo and the appellant is entitled to call relevant and admissible evidence, including expert evidence not previously given in the Circuit Court. There is no statutory or precedential bar to such evidence being admitted.

Court Disposition

Objection overruled; appellant entitled to call Dr. L as a witness.

Orders

  • Dr. L may be called to give evidence by the appellant.
  • Dr. L and Mr. F to confer before giving evidence.