Protégé International Group (Cyprus) Ltd v Irish Distilllers Ltd

• Jurisdiction: Ireland
• Court: Supreme Court
• Judge: Mr. Justice Frank Clarke
• Judgment Date: 01 October 2020
• Neutral Citation: [2020] IESC 61
• Docket Number: [Appeal No: 076/2020]
• Date: 01 October 2020

BETWEEN/

PROTÉGÉ INTERNATIONAL GROUP (CYPRUS) LIMITED

AND

AVALON INTERNATIONAL MANAGEMENT INC

PLAINTIFFS

AND

IRISH DISTILLERS LIMITED

DEFENDANT

[2020] IESC 61

Clarke C.J.

[Appeal No: 076/2020]

THE SUPREME COURT

Case management – Joint document – Appeal – Chief Justice publishing a written ruling in respect of case management – Whether it would be appropriate to have a preliminary hearing on the scope of appeal

Facts: Proceedings were in for a remote first case management meeting on the 1st October, 2020. Prior to the case management, the parties had sent to the Supreme Court a joint document prepared in accordance with Statutory Practice Direction SC21. Clarke CJ published a written ruling in respect of case management for the purpose of commending the parties for their joint statement and for the purposes of drawing attention to what he considered to be an excellent example of such statements; both parties had been able to robustly maintain their respective positions in relation to the substantive issues which would need to be determined on appeal but had also engaged constructively so as to agree appropriate steps to enable the appeal to come on for hearing at a time which would most likely be less than three months after leave to appeal was given.

Clarke CJ made directions in accordance with the terms agreed by the parties so that legal submissions were to be filed by the dates specified in para. 9 and a full day hearing would be allocated with time divided in the manner set out at para. 12. Clarke CJ also agreed with the parties’ view that it would not be an appropriate use of the time and resources of either the parties or the Court to have a preliminary hearing on the scope of appeal which was to be permitted with all such issues to be considered at the main hearing.

Clarke CJ gave an additional direction concerning the filing of the necessary documentation for the appeal; in that regard two copies of proposed materials were to be filed for review not later than 11th November, 2020. Should those materials be considered sufficient for the hearing Clarke CJ would direct that further filing take place to enable a hearing to go ahead on a date to be fixed which was most likely to be in early December.

Directions made.

Ruling of Mr. Justice Frank Clarke , Chief Justice, delivered on the 1st October, 2020.

1 These proceedings were in for a remote first case management meeting today. Prior to the case management, the parties had sent to the Court a joint document prepared in accordance with Statutory Practice Direction SC21. A copy of that joint document is annexed to this ruling.

2 While it is very unusual to publish a written ruling in respect of routine case management matters, I do so in this case for the purpose of commending the parties for their joint statement and for the purposes of drawing attention to what I consider to be an excellent example of such statements.

3 As can be seen from the joint statement, both parties have been able to robustly maintain their respective positions in relation to the substantive issues which will need to be determined on this appeal but have also engaged constructively so as to agree appropriate steps to enable the appeal to come on for hearing at a time which will most likely be less than three months after leave to appeal was given.

4 Accordingly, I make directions in accordance with the terms agreed by the parties so that legal submissions are to be filed by the dates specified in para. 9 and a full day hearing will be allocated with time divided in the manner set out at para. 12.

5 I also agreed with the parties' view that it would not be an appropriate use of the time and resources of either the parties or the Court to have a preliminary hearing on the scope of appeal which is to be permitted with all such issues to be considered at the main hearing.

6 The only additional direction which I give concerns the filing of the necessary documentation for the appeal. In that regard two copies of proposed materials are to be filed for review not later than Wednesday 11th November, 2020. Should those materials be considered sufficient for the hearing I will direct that further filing take place to enable a hearing to go ahead on a date to be fixed which is most likely to be in early December.

ANNEX

THE SUPREME COURT

Supreme Court Record No: A:AP:IE:2020:000076

Court of Appeal Record No: A:AP:IE:2019:000323

High Court Record No: 2018 No 6087 P

BETWEEN:

PROTÉGÉ...