Judge ought to have indicated why he preferred evidence from particular witnesses in claim for loss of fishing vessel

By: Ciaran Joyce BL

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Court of Appeal allows appeal of High Court award of damages of €100,000 arising from the loss of a fishing boat, and dismissal of claim for loss of use of the vessel, on the grounds that: a) the trial judge ought to have engaged with the factual evidence adduced before making his findings; and b) the trial judge should have considered the conflicting evidence and indicated any preference for the evidence of any particular witness and why that preference was being exercised.

Assessment of damages – appeal of High Court award of damages of €100,000 arising from the loss of a fishing boat and a dismissal of a claim for loss of use of the vessel – vessel damages in storm – trial judge ought to have engaged with the factual evidence adduced in making his findings – trial judge does not consider the conflicting evidence and indicate any preference for the evidence of any particular witness on why that preference is being exercised – matter remitted to High Court – appeal allowed.

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.

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