Kelly v. Bus Atha Cliath [2000] IESC 51 (16th March, 2000)

Kelly v. Bus Atha Cliath [2000] IESC 51 (16th March, 2000)

The High Court's findings on the location of the accident and credibility of witnesses were not sufficiently clear, particularly regarding the evidence of Mr Gibbons and Ms Rafferty. The Supreme Court set aside the High Court order and remitted the case for rehearing on all issues due to lack of clear findings on primary facts.

Citation
[2000] IESC 51
Parties
Plaintiff: Timothy Kelly; Defendant: Bus Átha Cliath/Dublin Bus
Jurisdiction
Ireland
Procedural Posture
Personal Injury Appeal / Supreme Court Appeal From High Court Judgment
Outcome
High Court order set aside; case remitted for rehearing on all issues.
Legal Topics
Negligence, Contributory Negligence, Assessment of Damages, Evidence Evaluation
Tort Law Personal Injury Negligence Contributory Negligence Assessment of Damages Evidence Evaluation

Case Brief

Summary, issues, holding and outcome

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Parties

Timothy Kelly

Plaintiff

Bus Átha Cliath/Dublin Bus

Defendant

Procedural Posture

Personal Injury Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the defendant was negligent
  2. 2 Whether the plaintiff was guilty of contributory negligence
  3. 3 Proper assessment of damages

Ratio Decidendi

The High Court's findings on the location of the accident and credibility of witnesses were not sufficiently clear, particularly regarding the evidence of Mr Gibbons and Ms Rafferty. The Supreme Court set aside the High Court order and remitted the case for rehearing on all issues due to lack of clear findings on primary facts.

Court Disposition

High Court order set aside; case remitted for rehearing on all issues.

Orders

  • Case remitted to High Court for rehearing.
  • No determination on liability or damages at this stage.