Gilroy v. Minister for Defence [1998] IEHC 227 (3rd November, 1998)

Gilroy v. Minister for Defence [1998] IEHC 227 (3rd November, 1998)

Damages for hearing loss are to be assessed primarily by reference to the Green Book, with adjustments for age and future deterioration, and additional compensation for tinnitus and loss of opportunity where supported by evidence.

Citation
[1998] IEHC 227
Parties
Plaintiff: Gilroy; Defendants: Minister for Defence, Ireland and the Attorney General
Jurisdiction
Ireland
Procedural Posture
Personal Injury Claim / Judgment After Trial on Quantum; Liability Admitted
Outcome
Judgment for the Plaintiff; damages awarded.
Legal Topics
Assessment of Damages, Hearing Loss, Tinnitus, Application of Green Book, Future Loss, Loss of Opportunity
Tort Law Personal Injury Assessment of Damages Hearing Loss Tinnitus Application of Green Book Future Loss Loss of Opportunity

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Parties

Gilroy

Plaintiff

Minister for Defence, Ireland and the Attorney General

Defendants

Procedural Posture

Personal Injury Claim / Judgment After Trial on Quantum; Liability Admitted

Legal Issues

  1. 1 Appropriate assessment of damages for hearing loss and tinnitus
  2. 2 Applicability and limitations of the Green Book in quantifying disability
  3. 3 Compensation for future deterioration and loss of opportunity

Ratio Decidendi

Damages for hearing loss are to be assessed primarily by reference to the Green Book, with adjustments for age and future deterioration, and additional compensation for tinnitus and loss of opportunity where supported by evidence.

Court Disposition

Judgment for the Plaintiff; damages awarded.

Orders

  • Plaintiff awarded £13,325 for current hearing disability.
  • Plaintiff awarded £2,000 for tinnitus.