O'K v L.H & Ors [2006] IEHC 393 (24 October 2006)

O'K v L.H & Ors [2006] IEHC 393 (24 October 2006)

The court must assess damages for sexual abuse in accordance with Supreme Court guidelines, awarding general, aggravated, and exemplary damages proportionate to the injury and the defendant's conduct, without deducting ex gratia payments from the Criminal Injuries Compensation Tribunal.

Citation
[2006] IEHC 393
Parties
Plaintiff: L. O’K.; First Defendant: L. H.; Second Defendant: The Minister for Education and Science; Third Defendant: Ireland; Fourth Defendant: The Attorney General
Jurisdiction
Ireland
Judgment Date
24 October 2006
Procedural Posture
Personal Injury / Assessment of Damages Following Judgment in Default of Appearance
Outcome
Damages awarded to plaintiff against first defendant.
Legal Topics
Assessment of Damages, General Damages, Aggravated Damages, Exemplary Damages, Sexual Assault, Personal Injury Guidelines
Tort Law Personal Injury Sexual Abuse Assessment of Damages General Damages Aggravated Damages Exemplary Damages Sexual Assault +1 more

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Parties

L. O’K.

Plaintiff

L. H.

First Defendant

The Minister for Education and Science

Second Defendant

Ireland

Third Defendant

The Attorney General

Fourth Defendant

Procedural Posture

Personal Injury / Assessment of Damages Following Judgment in Default of Appearance

Legal Issues

  1. 1 What is the appropriate measure of damages for sexual abuse by a teacher against a pupil?
  2. 2 Should aggravated and exemplary damages be awarded in addition to general damages?
  3. 3 Should compensation received from the Criminal Injuries Compensation Tribunal be deducted from the award?

Ratio Decidendi

The court must assess damages for sexual abuse in accordance with Supreme Court guidelines, awarding general, aggravated, and exemplary damages proportionate to the injury and the defendant's conduct, without deducting ex gratia payments from the Criminal Injuries Compensation Tribunal.

Court Disposition

Damages awarded to plaintiff against first defendant.

Orders

  • Plaintiff awarded €305,104 in total damages against first defendant.
  • €5,104 awarded as special damages.