Conway v. Ireland & Ors [1988] IEHC 29 (2 November 1988)

Conway v. Ireland & Ors [1988] IEHC 29 (2 November 1988)

The plaintiff was deprived of her constitutional right to primary education due to the defendants' deliberate action, resulting in distress, educational disadvantage, and loss of career prospects. Damages are assessed based on the period of actionable deprivation, the plaintiff's ability, and the consequences of the interruption, with exemplary damages awarded for deliberate wrongdoing.

Citation
[1988] IEHC 29
Parties
Plaintiff: Fiona Conway; Defendants: Ireland and Others
Jurisdiction
Ireland
Judgment Date
02 November 1988
Procedural Posture
Civil / Damages Assessment Following Liability Determination
Outcome
Judgment for the plaintiff
Legal Topics
Right to Primary Education, Damages Assessment, Exemplary Damages
Constitutional Law Education Law Tort Law Right to Primary Education Damages Assessment Exemplary Damages

Case Brief

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Parties

Fiona Conway

Plaintiff

Ireland and Others

Defendants

Procedural Posture

Civil / Damages Assessment Following Liability Determination

Legal Issues

  1. 1 Assessment of damages for deprivation of constitutional right to primary education
  2. 2 Entitlement to general and exemplary damages

Ratio Decidendi

The plaintiff was deprived of her constitutional right to primary education due to the defendants' deliberate action, resulting in distress, educational disadvantage, and loss of career prospects. Damages are assessed based on the period of actionable deprivation, the plaintiff's ability, and the consequences of the interruption, with exemplary damages awarded for deliberate wrongdoing.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendants to pay £11,500 in damages to the plaintiff