Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal, in a judgment regarding an appeal and cross-appeal against damages and loss of earnings in a personal injuries case: (1) dismisses the defendant’s appeal against the award of damages in respect of loss of earnings, on the basis that there was ample evidence before the trial judge to support his conclusion that the plaintiff’s working abilities into the future would be hindered; and (2) allows the plaintiff’s cross-appeal against deduction for future loss of earnings, on the basis that the trial judge fell into error in calculating the figure, substituting the order of the High Court allowing for judgment in the sum of €218,175.
Personal Injuries action – assessment of damages in the High Court – appellant (defendants) appeal against the award of damages in respect of loss of earnings – Respondent (plaintiff) corss appeals against deduction in her claim to future loss of earnings – defendants’ appeal must fail – Reddy v Bates deduction – plaintiff’s appeal solely concerned with the 40% deduction levied by the judge the plaintiff’s future loss of earnings claim - I would also propose a reduction of 15% from the future loss of earnings figure - I would substitute for the order of the High Court, judgment in the sum of €218,175 and allow the plaintiff’s cross-appeal accordingly – plaintiff entirely successful in both the appeal and cross appeal – costs follow.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now