McKelvey v Iarnróid Éireann/Irish Rail
| Jurisdiction | Ireland |
| Judge | O'Donnell J.,MacMenamin J.,Finlay Geoghegan J. |
| Judgment Date | 25 February 2019 |
| Neutral Citation | [2019] IESCDET 50 |
| Court | Supreme Court |
| Date | 25 February 2019 |
[2019] IESCDET 50
THE SUPREME COURT
DETERMINATION
O'Donnell J.
MacMenamin J.
Finlay Geoghegan J.
RESULT: The court grants leave to the plaintiff / applicant to appeal to this court from the Court of Appeal.
| COURT: Court of Appeal |
| DATE OF JUDGMENT OR RULING: 31 st October, 2018 |
| DATE OF ORDER: 12 th November, 2018 |
| DATE OF PERFECTION OF ORDER: 14 th November, 2018 |
| THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON 7 th December, 2018 AND WAS IN TIME. |
The applicant seeks leave to appeal against the decision of the Court of Appeal (Irvine J.; Whelan and Baker JJ. concurring) of 31 October 2018, allowing the appeal by the respondent (Iarnród Éireann/Irish Rail) against the judgment and order of the High Court (Murphy J.) of 28 July 2017 granting an interlocutory injunction to restrain Iarnród Éireann from commencing a disciplinary hearing in respect of the applicant, Mr. McKelvey, in relation to alleged misconduct notified to him on 8 May 2017, unless his claimed entitlement to legal representation was agreed to.
The general principles applied by this court in determining whether to grant or refuse leave to appeal are well known and are fully addressed in both a determination issued by a panel consisting of all of the members of this court in B.S. v. Director of Public Prosecutions [2017] IESCDET 134, (Unreported, Supreme Court, 6 December 2017), and in a unanimous judgment of a full court delivered by O'Donnell J. in Quinn Insurance Ltd. v. PricewaterhouseCoopers [2017] IESC 73, [2017] 3 I.R. 812.
The application for leave filed and the respondent's notice are published along with this determination (subject only to any redaction required by law). It is therefore unnecessary to set out the position of the parties in any detail.
Two central issues arose in the Court of Appeal: first, whether the High Court judge erred in law in concluding that it would be contrary to the principles of natural justice and fair procedures to require Mr. McKelvey to engage in the disciplinary hearing proposed without the benefit of legal representation, and second, whether the High Court judge ought to have rejected Mr. McKelvey's application...
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McKelvey v Iarnród Éireann Irish Rail
...further affirmed on this ground. 2.2 In a determination of this Court dated 25 February 2019 ( McKelvey v. Iarnród Éireann / Irish Rail [2019] IESCDET 50), leave was granted on the grounds set out in the application for leave, on the basis that an issue of general public importance had bee......