High Court awards plaintiff in personal injuries claim compensatory damages of €70,000 and aggravated damages of €10,000, finding that: (a) although the plaintiff's affidavits of verification were incorrect, the defendant had not established an intention to mislead the court or that the plaintiff had adduced or caused to be adduced evidence that was misleading in a material respect, so the defendant's statutory application to have the proceedings dismissed must fail; and (b) the manner in which the statutory application had been approached entitled the plaintiff to aggravated damages.
Personal injuries claim - defendant's application to have proceedings dismissed pursuant to s. 26 of the Civil Liability and Courts Act 2004 - plaintiff on Luas when defendant's taxi collided with same - finding by court that plaintiff was entirely truthful in her evidence as to her symptoms - plaintiff had previously settled slip and fall in the UK and had been a previous road traffic accident in which no claim was made - court found plaintiff's depressive disorder to be multifactorial given tragic events in her life - medical evidence - plaintiff involved in second Luas accident after the one caused by the defendant but prior to the issuing of proceedings - suspected fractured rib - initiating letters sent but no further action - failure by plaintiff to mention in replies to particulars - plaintiff's affidavits of verification were incorrect - defendants learned of second accident from medical report received during hearing - whether plaintiff adduced evidence or caused to be adduced evidence that was misleading in a material respect such that defendant's s. 26 application should succeed - whether plaintiff entitled to aggravated damages due to manner in which defendant's s. 26 application was made.