Payne -v- Nugent [2015] IECA 268 (10 November 2015)

Payne -v- Nugent [2015] IECA 268 (10 November 2015)

The award of general damages for pain and suffering made by the High Court was unduly generous and disproportionate to the injuries suffered, which were modest in nature. The Court of Appeal reduced the awards to amounts it considered reasonable and proportionate in the circumstances.

Citation
[2015] IECA 268
Parties
Plaintiff/respondent: Margaret Payne; Defendant/appellant: John Nugent
Jurisdiction
Ireland
Judgment Date
10 November 2015
Procedural Posture
Personal Injuries Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; High Court award set aside and substituted
Legal Topics
Assessment of Damages, Appellate Review, Proportionality of Awards
Tort Law Personal Injury Assessment of Damages Appellate Review Proportionality of Awards

Case Brief

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Parties

Margaret Payne

Plaintiff/respondent

John Nugent

Defendant/appellant

Procedural Posture

Personal Injuries Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the general damages awarded by the High Court for pain and suffering to date and into the future were excessive and outside the permissible range given the evidence
  2. 2 Whether the award was reasonable and proportionate in all the circumstances

Ratio Decidendi

The award of general damages for pain and suffering made by the High Court was unduly generous and disproportionate to the injuries suffered, which were modest in nature. The Court of Appeal reduced the awards to amounts it considered reasonable and proportionate in the circumstances.

Court Disposition

Appeal allowed; High Court award set aside and substituted

Orders

  • General damages for pain and suffering to date reduced to €30,000
  • General damages for pain and suffering into the future reduced to €5,000