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The High Court held that the applicant, a member of a statutory policing authority assaulted during the course of duty, was only entitled to compensation for soft tissue injuries and transient psychological upset, as the more serious cervical spine degeneration and later surgical intervention were found to relate to pre-existing underlying conditions rather than the assault. The court found that the applicant's initial injuries had substantially resolved within a brief period, intermittent flare-ups notwithstanding, and that no sufficient causal link was established between the assault and subsequent degenerative changes. Claims for loss of promotion and significant special damages failed, with only modest damages and agreed specials awarded.
compensation for assault – statutory authority – soft tissue injury – psychological injury – degenerative cervical spine disease – causation of injury – loss of promotion – special damages – medical evidence – Rules of the Superior Courts (RSC) – An Garda Síochána (Compensation) Acts 1941 & 1945 – High Court – occupational injury – medical reports – burden of proof
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