Keating -v- D.J. Crowley & ors [2010] IESC 29 (12 May 2010)

Keating -v- D.J. Crowley & ors [2010] IESC 29 (12 May 2010)

The State, having expressly admitted liability in the High Court and proceeded to assessment of damages only, is estopped from reopening the issue of liability on appeal. There are no exceptional circumstances justifying a retrial on liability. The High Court's assessment of damages cannot be reviewed in the absence of a stated legal basis for liability, but the State's appeal fails as it has not demonstrated any valid basis to impugn the High Court's decision.

Citation
[2010] IESC 29
Parties
Applicant/respondent: David Keating; Appellant/respondent: Judge Timothy Crowley; Appellant/respondent: Ireland; Appellant/respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
12 May 2010
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Assessment of Damages
Outcome
Appeal dismissed
Legal Topics
State Liability for Unconstitutional Legislation, Assessment of Damages, Res Judicata, Estoppel, Abuse of Process
Constitutional Law Civil Procedure Damages State Liability for Unconstitutional Legislation Assessment of Damages Res Judicata Estoppel Abuse of Process

Case Brief

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Parties

David Keating

Applicant/respondent

Judge Timothy Crowley

Appellant/respondent

Ireland

Appellant/respondent

The Attorney General

Appellant/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Assessment of Damages

Legal Issues

  1. 1 Whether the State can re-open the issue of liability after admitting liability in the High Court and proceeding only on quantum of damages
  2. 2 Whether the High Court's assessment of damages can be reviewed in the absence of a stated legal basis for liability
  3. 3 Whether damages are available for acts done under a statute later found unconstitutional

Ratio Decidendi

The State, having expressly admitted liability in the High Court and proceeded to assessment of damages only, is estopped from reopening the issue of liability on appeal. There are no exceptional circumstances justifying a retrial on liability. The High Court's assessment of damages cannot be reviewed in the absence of a stated legal basis for liability, but the State's appeal fails as it has not demonstrated any valid basis to impugn the High Court's decision.

Court Disposition

Appeal dismissed

Orders

  • Application to amend Notice of Appeal and remit to High Court on liability refused
  • High Court order awarding damages affirmed