Devine v McAteer [2010] NICA 28 (23 June 2010)

Devine v McAteer [2010] NICA 28 (23 June 2010)

The appeal was allowed to the extent that the matter was remitted to the trial judge to reconsider his judgment in light of the correspondence allegedly submitted before judgment, ensuring fairness by allowing parties to make representations on its admissibility and impact.

Citation
[2010] NICA 28
Parties
Plaintiff/respondent: Sean Devine; Defendant/appellant: Daniel McAteer
Jurisdiction
Northern Ireland
Judgment Date
23 June 2010
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Remitted to trial judge for reconsideration.
Legal Topics
Breach of Contract, Negligence, Fiduciary Duty, Enterprise Investment Scheme (eis), Admission of Fresh Evidence, Remittal to Trial Judge
Contract Law Tort Law Company Law Tax Law Breach of Contract Negligence Fiduciary Duty Enterprise Investment Scheme (eis) +2 more

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Parties

Sean Devine

Plaintiff/respondent

Daniel McAteer

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the defendant was liable for breach of contract, negligence, and breach of fiduciary duty in relation to EIS relief.
  2. 2 Whether fresh evidence (correspondence with Inland Revenue) should be admitted on appeal or considered by the trial judge before judgment.
  3. 3 Whether the trial judge properly considered all relevant evidence before reaching his decision.

Ratio Decidendi

The appeal was allowed to the extent that the matter was remitted to the trial judge to reconsider his judgment in light of the correspondence allegedly submitted before judgment, ensuring fairness by allowing parties to make representations on its admissibility and impact.

Court Disposition

Remitted to trial judge for reconsideration.

Orders

  • Matter remitted to trial judge to reconsider judgment in light of new correspondence and this judgment.
  • Trial judge to determine admissibility of the correspondence and allow parties to make representations.