Bailey v. Flood [1998] IESC 16 (28th July, 1998)

Bailey v. Flood [1998] IESC 16 (28th July, 1998)

The Tribunal's failure to give notice and an opportunity to be heard before making the discovery and production orders constituted a breach of constitutional justice and fair procedures, requiring the orders to be quashed.

Source-derived case information.

Citation
[1998] IESC 16
Parties
Appellant: Michael Bailey; Appellant: Teresa Bailey; Appellant: Bovale Developments Ltd.; Respondent: Mr. Justice Flood (Tribunal); Notice Party: The Governor and Company of the Bank of Ireland
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Appeal From High Court to Supreme Court
Outcome
appeal allowed
Legal Topics
Fair Procedures, Constitutional Justice, Tribunals of Inquiry, Discovery Orders, Judicial Review
Constitutional Law Administrative Law Fair Procedures Constitutional Justice Tribunals of Inquiry Discovery Orders Judicial Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Michael Bailey

Appellant

Teresa Bailey

Appellant

Bovale Developments Ltd.

Appellant

Mr. Justice Flood (Tribunal)

Respondent

The Governor and Company of the Bank of Ireland

Notice Party

Procedural Posture

Judicial Review / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether the Tribunal was required to afford notice and an opportunity to be heard before making discovery and production orders affecting the appellants' rights
  2. 2 Whether the orders made without such procedures violated constitutional justice and fair procedures

Ratio Decidendi

The Tribunal's failure to give notice and an opportunity to be heard before making the discovery and production orders constituted a breach of constitutional justice and fair procedures, requiring the orders to be quashed.

Court Disposition

appeal allowed

Orders

  • Orders for discovery and production of documents made on 26 February 1998 quashed
  • Declaration that the Tribunal may make similar orders in the future if fair procedures are observed