High Court: (a) awards compensation of €75,981.30 to a Garda who suffered a fracture to his right little finger during an attempt to restrain a violent and aggressive deportee, causing him to suffer significant psychiatric injury, rather than €310,893 as contended for by the Garda, on the grounds that the Court was of the view that the broken finger was but one of the causes of his depression; and (b) makes a change in practice by requiring that the Minister make written offers for settlement to injured garda applicants in order to avoid the need for contested hearings.
Personal injuries - garda compensation - garda who suffered a fracture to his right little during an attempt to restrain a violent and aggressive deportee - garda suffered from depression - alleged that psychiatric injury was solely caused by broken finger - conflicting psychiatric medical evidence adduced - whether psychiatric injury was caused solely as a result of the broken finger - whether psychiatric injury caused the garda to retire 10 years early - Court awards compensation €75,981.30 - Court also makes a change in practice by requiring that written offers for settlement be made to injured garda applicants prior to hearing - discussion of the public policy aim of increasing settlement rates in garda compensation cases - Order 99, Rule 1A of the Rules of the Superior Courts - if the compensation awarded by the Court is equal or less than the written offer, the Court will have regard to the terms of that written offer in determining whether there is cause to justify the Court in awarding costs to the Applicant only up to the date of the written offer.