Appeal allows retrial on damages for malicious prosecution and removes double recovery for emotional harm after wrongful arrest and prosecution

The Court of Appeal allowed an appeal in a long-running civil action brought by a retired member of An Garda Síochána against various State parties, arising from an incident in 2004 where the appellant was arrested, prosecuted, and later acquitted on public order charges following a dispute with a taxi driver. The High Court jury had awarded damages for assault, false imprisonment, and intentional infliction of emotional suffering, but not for malicious prosecution, and the trial judge reduced the costs recoverable by the appellant due to his lack of success on the malicious prosecution claim. On appeal, the Court of Appeal held that the trial judge had erred by withdrawing the claim of malicious prosecution from the jury in light of relevant case law, and that the same evidence underpinning the findings of assault and false imprisonment established malicious prosecution. The Court also found that a separate award for intentional or reckless infliction of emotional harm was inappropriate as it overlapped with the assault and false imprisonment damages. Accordingly, the matter was referred back to a new jury to reassess damages for assault, false imprisonment, malicious prosecution, aggravated damages, and consider exemplary damages. The appellate court also adjusted the costs order, awarding full costs to the appellant except for one day attributable to the overbroad conspiracy allegations.