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Court of Appeal refuses to admit new categories of evidence on appeal in a public procurement case, finding that the evidence could have been obtained with reasonable diligence on the part of the applicant at the time of trial, and that the principles and criteria used in deciding whether to admit new evidence are not in conflict with the EU requirements of equivalence and effectiveness.
Admissibility of new evidence on appeal – practice and procedure – judicial review – Article 42.4 of the Constitution – whether a contract exists between the Minister and Bus Éireann for the school year 2011-2012 which ought to have been put out to tender and was not – Farrell Grant Sparks report – Ord. 58, r. 8 – whether the evidence now sought to be admitted would meet the Murphy criteria – whether the FGS report could have been discovered with reasonable diligence – applicant was aware of the existence of the FGS report – whether the Department’s Review of Current Expenditure could have been obtained with reasonable diligence – whether the Murphy principles must be varied in order to meet the requirements of either EU law in general or the requirements of public procurements in particular – Murphy principles are not in conflict with the requirements of equivalence and effectiveness – permission to admit the additional categories of evidence refused – appeal dismissed.
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