Refusal to Review Factual Error

Common law courts are generally quite reluctant to review decisions for factual errors. Like all generalisms, this significantly understates the complexity of the area. Nonetheless, a recent Irish decision provides a fine illustration.

In Richardson v. Mahon, [2013] IEHC 118, the applicant challenged a factual assertion in a report issued by the respondent tribunal. The factual assertion was based on the applicant's alleged failure to account for a sum of money. But, as the applicant observed, counsel for the tribunal had never asked him to account for the sum of money in question!