UCC v Electricity Supply Board (Unapproved)

1.3 In all those circumstances it would appear that there are three categories of findings of fact, or of mixed law and fact, which were made by the High Court and which remain relevant to the cross appeal brought by the ESB to this Court.� That appeal seeks, as already noted, to reinstate the finding of contributory negligence made by the High Court.� The findings in question are:-

(i) Findings of the High Court against UCC which were not the subject of an appeal to the Court of Appeal and which must now be taken to stand;

(ii) Findings of the High Court which were appealed to the Court of Appeal but which were not the subject of a specific determination by the Court of Appeal so that those issues remain alive before this Court; and

(iii) The two findings of the High Court to which reference has already been made which were overturned by the Court of Appeal and in respect of which no appeal has been brought to this Court so that those findings can no longer provide a basis for a determination of contributory negligence at least in the manner held by the High Court.�

1.4 Before going on to canvas the issues which do remain alive before this Court, it is necessary to comment on a ruling made as a result of a case management hearing which was conducted before the full panel of this Court assigned to hear both the appeal which has already been determined and this cross appeal (see- University College Cork v. Electricity Supply Board [2020] IESC 66 , (�the case management ruling�)).