Damages awarded to crèche manager for workplace assault as defendant’s attempt to re-open liability rejected

The High Court assessed damages in favour of a crèche manager in a civil action for assault, battery, and personal injuries arising from an incident where the manager was assaulted by a parent at her workplace after refusing to permit the parent to collect his child, pursuant to instructions from the other parent. The defendant, a self-represented barrister already convicted of assault in criminal proceedings arising from the same incident, contested only the quantum of damages on appeal from the Circuit Court. The Court refused the defendant's arguments to revisit liability or allow a full defence, finding he had not set aside previous default judgments and that alleged new particulars did not entitle him to reopen the case. Damages totalling €50,868 were awarded for physical and psychological injuries, with aggravated damages included due to the defendant's unfounded attacks on the plaintiff's expert and a meritless application under section 26 of the Civil Liability and Courts Act. Arguments seeking dismissal on the basis of alleged fraud and suppression of evidence by the plaintiff were rejected as unsubstantiated, and the Court found the defendant's section 26 application was without merit.