McCarthy v. Dunne [1996] IEHC 36 (5th December, 1996)

McCarthy v. Dunne [1996] IEHC 36 (5th December, 1996)

The assessment of damages was upheld as appropriate given the severity of the assault and ongoing psychological harm caused by continued abuse. The second defendant was not permitted to recant liability due to failure to comply with procedural rules. Injunctive relief was granted to prevent further abuse.

Citation
[1996] IEHC 36
Parties
Plaintiff/respondent: Mrs. McCarthy; Defendant/appellant: Mr. Dunne Senior; Defendant/appellant: Mrs. Dunne; Defendant/appellant: Thomas Dunne Junior
Jurisdiction
Ireland
Procedural Posture
Civil Appeal / Appeal From Circuit Court Judgment on Assessment of Damages
Outcome
appeal dismissed; damages and injunction affirmed
Legal Topics
Assault, Damages, Injunction, Post Traumatic Stress Disorder, Verbal Abuse
Tort Law Assault Damages Injunction Post Traumatic Stress Disorder Verbal Abuse

Case Brief

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Parties

Mrs. McCarthy

Plaintiff/respondent

Mr. Dunne Senior

Defendant/appellant

Mrs. Dunne

Defendant/appellant

Thomas Dunne Junior

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Circuit Court Judgment on Assessment of Damages

Legal Issues

  1. 1 Whether the assessment of damages for assault and psychological injury was appropriate
  2. 2 Whether the conduct of the defendants after the original assault affected the quantum of damages
  3. 3 Whether injunctive relief should be granted despite not being pleaded

Ratio Decidendi

The assessment of damages was upheld as appropriate given the severity of the assault and ongoing psychological harm caused by continued abuse. The second defendant was not permitted to recant liability due to failure to comply with procedural rules. Injunctive relief was granted to prevent further abuse.

Court Disposition

appeal dismissed; damages and injunction affirmed

Orders

  • Damages of £23,336.00 awarded against first and second defendants jointly and severally
  • Damages of £12,000.00 awarded against third defendant jointly and severally with first and second defendants