By Mark Tottenham BL in Ireland High Court, Murphy J No Comments Tags: Assessment of damages, Construction law, Nuisance
Geraghty v. Galway County Council [2011] IEHC 524
(High Court, Murphy J, 13 October 2011)
High Court assesses losses arising from structural damage to buildings at €26,000 for first plaintiff and €97,417 for second plaintiff.
Assessment of damages – consequential loss – taking of evidence on commission – termination of tenancy because of building works – evidence of auctioneer – evidence of market rent – rent with and without benefit of a publican’s license – More
By Mark Tottenham BL in Ireland High Court, Irvine J No Comments Tags: Assessment of damages, Compensation tribunal
J M v. Minister for Health [2012] IEHC 83
(High Court, Irvine J, 23 February 2012)
High Court, on appeal from the Hepatitis C and HIV Compensation Tribunal, increases compensation for loss of earnings.
Compensation tribunal – appeal – Hepatitis C and HIV Compensation Tribunal – haemophiliac – infection by Hepatitis C virus and HIV – contaminated blood products – marriage following HIV diagnosis – inability to have children by reason More
By Ciaran Joyce BL in Northern Ireland High Court, Treacy J No Comments Tags: Assessment of damages, Contract law, Costs
Young -v- Hamilton [2012] NICh 4
(High Court of Northern Ireland, Treacy J, 24 February 2012)
Northern Irish High Court reduces damages and penalises plaintiff as to costs costs in contractual misrepresentation case.
Contact for sale – misrepresentation – Sale of site – quantum and costs arising from the Court’s earlier judgment – exorbitant claim in respect of matters which were plainly the mistake of the plaintiff – excessive and manifestly unjustifiable More
By Mark Tottenham BL in Cross J No Comments Tags: Assessment of damages, Employment Law, Personal injuries
Kelly v. Bon Secours Health Systems Ltd [2012] IEHC 21
(High Court, Cross J, 26 January 2012)
High Court awards former employee €30,000 damages for injury to back and €60,000 compensation for stress and depression arising from bullying, harrassment and discrimination. (Full text.)
Personal injuries – employment – injuries to back sustained when carrying files – alleged harassment and bullying – lay litigant – failure to train in handling of weights – negligence – duty of care not to permit bullying – belief of plaintiff More
By Mark Tottenham BL in O'Donnell J No Comments Tags: Assessment of damages, Legitimate expectation
Lett & Company Ltd v. Wexford Borough Council [2012] IESC 14
(Supreme Court, O’Donnell J (nem diss), 3 February 2012)
Supreme Court reduces award of damages for breach of legitimate expectation from €1.15 million to €650,000. (Full text.)
Restriction on use of mussel beds – compensation – legitimate expectation – appeal from High Court (Clarke J) – compensation assessed at €1.15 million – regulation of aquaculture by Fisheries (Amendment) Act 1997 – requirement for More
By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Assessment of damages, Easements, Negligence
Walsh v. South Tipperary County Council [2011] IEHC 503
(High Court, Clarke J, 9 December 2011)
High Court awards €150,000 to purchasers of land who relied on letter from local authority stating that road was public right-of-way. (Full text.)
Public rights of way – negligent mis-statement / misrepresentation – letter issued by local authority in respect of right of way – mistake in letter – letter sent to vendor of land – reliance by purchasers on letter – error in transposing More
By Mark Tottenham BL in Charleton J No Comments Tags: Assessment of damages, Employment Law, Personal injuries
Warcaba v. Industrial Temps (Ireland) Ltd [2011] IEHC 489
(High Court, Charleton J, 22 November 2011)
High Court awards €40,000 for back injury sustained while working as ground handling agent for airline. (Full text.)
Personal injuries – injuries in the course of employment – ground handling agent for Ryanair – injury to back while pulling stairs to aircraft – whether breach of standard operating procedure – whether sufficient workers for task – section 8, More
By Mark Tottenham BL in Irvine J No Comments Tags: Assessment of damages, Medical negligence
Hegarty v. Mercy University Hospital Cork [2011] IEHC 435
(High Court, Irvine J, 25 November 2011)
High Court dismisses claim for damages for stress and anxiety arising from diagnosis of MRSA. (Full text.)
Medical negligence – hospital care – failure to appraise plaintiff of surgical findings – failure to advise plaintiff of significance of MRSA diagnosis – whether plaintiff fully advised of complications – causation – whether More
By Mark Tottenham BL in O Néill J No Comments Tags: Assessment of damages, Medical negligence, Personal injuries, Probate law
Davoren v. HSE [2011] IEHC 460
(High Court, Ó Néill J, 21 December 2011)
High Court awards damages of €1,591,957.70 for fatal injuries arising from medical negligence, including €1,546,982 in lost inheritance where mother of deceased changed will after his death. (Full text.)
Medical negligence – assessment of damages – death intestate – actuarial practice – acceleration of benefit – whether deduction to be made on basis of income deriving from land rather than the capitalised value of the early receipt of the land More
By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Assessment of damages, Practice and procedure
ACC Bank PLC v. Johnston [2011] IEHC 376
(High Court, Clarke J, 22 September 2011)
Court measures damages as against defendant at €2 million, and adjourns the issue of whether the third party defence should be amended. (Full text.)
Damages – liability for consequential damage – funding of plaintiff from parent company overseas – interest paid for funding – funding not earmarked for specific project – whether losses to plaintiff arose from wrongdoing of defendant – mitigation of damage – value of secured loan – valuation of lands – lack of evidence for valuation at €7 million – whether More