AB v MW [No.1] (Approved) [2025] IEHC 242 (01 May 2025)

AB v MW [No.1] (Approved) [2025] IEHC 242 (01 May 2025)

The appeal proceeds as assessment only; defendant failed to set aside prior Orders and did not establish that Updated Particulars constituted new pleadings. Defendant did not discharge the burden of proof for section 26 application; plaintiff did not knowingly give false or misleading evidence. Damages assessed for assault and psychological injury based on plaintiff's uncontested evidence and expert reports.

Citation
[2025] IEHC 242
Parties
Plaintiff/respondent: AB; Defendant/appellant: MW
Jurisdiction
Ireland
Judgment Date
01 May 2025
Procedural Posture
Personal Injury Appeal / Assessment of Damages Following Judgment in Default of Defence
Outcome
Appeal dismissed; damages assessed in favour of plaintiff.
Legal Topics
Assault, Battery, Trespass to the Person, Damages Assessment, Section 26 Civil Liability and Courts Act 2004, Credibility, Psychological Injury
Tort Law Personal Injury Civil Procedure Assault Battery Trespass to the Person Damages Assessment Section 26 Civil Liability and Courts Act 2004 +2 more

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Parties

AB

Plaintiff/respondent

MW

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Assessment of Damages Following Judgment in Default of Defence

Legal Issues

  1. 1 Whether the appeal should proceed as assessment only or allow full defence
  2. 2 Whether Updated Particulars of Injury constitute new pleadings
  3. 3 Whether plaintiff gave false or misleading evidence under section 26 Civil Liability and Courts Act 2004

Ratio Decidendi

The appeal proceeds as assessment only; defendant failed to set aside prior Orders and did not establish that Updated Particulars constituted new pleadings. Defendant did not discharge the burden of proof for section 26 application; plaintiff did not knowingly give false or misleading evidence. Damages assessed for assault and psychological injury based on plaintiff's uncontested evidence and expert reports.

Court Disposition

Appeal dismissed; damages assessed in favour of plaintiff.

Orders

  • Defendant's section 26 application dismissed.
  • Damages awarded to plaintiff for assault and psychological injury.