Morrissey v Starrus Eco Holdings Ltd and Anor (Approved) [2026] IEHC 215 (23 March 2026)

Morrissey v Starrus Eco Holdings Ltd and Anor (Approved) [2026] IEHC 215 (23 March 2026)

Section 26 of the Civil Liability and Courts Act 2004 was not engaged as the plaintiff did not knowingly adduce false or misleading evidence; any exaggeration or misrepresentation was immaterial to the litigation and did not amount to fraud. The plaintiff suffered soft tissue injuries of a minor to moderate degree from a minimal impact collision and was entitled to general and special damages assessed in accordance with the Personal Injuries Guidelines.

Citation
[2026] IEHC 215
Parties
Plaintiff: John Morrissey; First Named Defendant: Starrus Eco Holdings Limited; Second Named Defendant: Thomas Wall
Jurisdiction
Ireland
Judgment Date
23 March 2026
Procedural Posture
Circuit Appeal / Judgment After Full Hearing
Outcome
Plaintiff awarded general and special damages; section 26 application dismissed; no aggravated damages; costs of Circuit Court awarded to plaintiff; no order as to costs on appeal unless otherwise applied for within 28 days.
Legal Topics
Road Traffic Accident, Personal Injuries, Section 26 Civil Liability and Courts Act 2004, Damages Assessment, Fraudulent Claims
Tort Law Personal Injury Road Traffic Accident Personal Injuries Section 26 Civil Liability and Courts Act 2004 Damages Assessment Fraudulent Claims

Case Brief

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Parties

John Morrissey

Plaintiff

Starrus Eco Holdings Limited

First Named Defendant

Thomas Wall

Second Named Defendant

Procedural Posture

Circuit Appeal / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the plaintiff's claim should be dismissed under section 26 of the Civil Liability and Courts Act 2004 for alleged false or misleading evidence
  2. 2 Assessment of the extent and impact of the plaintiff's personal injuries
  3. 3 Appropriate quantum of damages for soft tissue injuries

Ratio Decidendi

Section 26 of the Civil Liability and Courts Act 2004 was not engaged as the plaintiff did not knowingly adduce false or misleading evidence; any exaggeration or misrepresentation was immaterial to the litigation and did not amount to fraud. The plaintiff suffered soft tissue injuries of a minor to moderate degree from a minimal impact collision and was entitled to general and special damages assessed in accordance with the Personal Injuries Guidelines.

Court Disposition

Plaintiff awarded general and special damages; section 26 application dismissed; no aggravated damages; costs of Circuit Court awarded to plaintiff; no order as to costs on appeal unless otherwise applied for within 28 days.

Orders

  • Award of €22,000 general damages to plaintiff
  • Award of €985 special damages to plaintiff