Jurisdiction(s):
Ireland

Irish Supreme Court limits new appellate arguments after plenary hearing; unpleaded illegality requires ex facie breach or persuasive evidence; Central Bank credit-servicing notice insufficient (Cave Projects Ltd v Gilhooley)

Published on: 11 August 2025

Published by a LexisNexis Ireland - Dispute Resolution expert

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Article summary

Cave Projects Ltd v Gilhooley and others [2025] IESC 3 What are the practical implications of this case?

The judgment underscores the long‑standing principle governing appellate practice: submissions not advanced promptly or effectively in the courts below will not generally be entertained on appeal. Although recent trends suggest a degree of latitude for fresh points at the appellate stage, the ventilation of wholly new arguments after a full plenary trial will rarely be permitted, save in truly exceptional situations. The threshold for such indulgence remains high and is seldom crossed. Practitioners should note that neglecting to squarely present an issue at first instance is liable to preclude its consideration on appeal. Timing and clarity at trial matter. Here, the appellant did attempt to broach the retrospective operation of the Central Bank notice in the High Court, but the Supreme Court found this was pursued in a ‘rather desultory fashion’, and the contention was not distinctly put in the examination or cross‑examination of witnesses. Where reliance is to be placed on a ground before an appellate court, it must have been properly and fully pursued below, with oral testimony adduced where required. Omission to do so may strip an appellant of...

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