Buckley -v- Mullignan & Ors [2016] IECA 264 (04 October 2016)

Buckley -v- Mullignan & Ors [2016] IECA 264 (04 October 2016)

The jury's award of damages was not proportionate to the plaintiff's injuries and constituted an error of law; the finding of 69% contributory negligence was grossly excessive and not supported by evidence, requiring equal apportionment; costs must be awarded per s. 17(3) of the Courts Act 1981, being the lesser of the damages or Circuit Court scale for a two day hearing.

Citation
[2016] IECA 264
Parties
Plaintiff/appellant: Liam Buckley; Defendant/respondent: Eugene Mulligan; Defendant/respondent: The Commissioner of An Garda Síochána; Defendant/respondent: The Minister for Justice and Equality; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
04 October 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Personal Injury, Negligence, Contributory Negligence, Damages, Costs
Tort Law Civil Procedure Personal Injury Negligence Contributory Negligence Damages Costs

Case Brief

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Parties

Liam Buckley

Plaintiff/appellant

Eugene Mulligan

Defendant/respondent

The Commissioner of An Garda Síochána

Defendant/respondent

The Minister for Justice and Equality

Defendant/respondent

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the jury's award of general damages was proportionate and fair
  2. 2 Whether the jury's finding of 69% contributory negligence was justified
  3. 3 Whether the costs order made by the trial judge was correct under statutory provisions

Ratio Decidendi

The jury's award of damages was not proportionate to the plaintiff's injuries and constituted an error of law; the finding of 69% contributory negligence was grossly excessive and not supported by evidence, requiring equal apportionment; costs must be awarded per s. 17(3) of the Courts Act 1981, being the lesser of the damages or Circuit Court scale for a two day hearing.

Court Disposition

Appeal allowed

Orders

  • Award of general damages set aside and replaced with €35,000
  • Contributory negligence apportioned equally, reducing award to €17,500