Doyle v Donovan [2020] IEHC 11 (17 January 2020)
Aggravated damages are not appropriate where the impugned plea was not pursued at hearing, liability was conceded, and statutory and costs sanctions exist for litigation misconduct. General damages are assessed based on agreed medical reports and the Book of Quantum.
- Citation
- [2020] IEHC 11
- Parties
- Plaintiff: Michael Doyle; Defendant: Marie Donovan
- Jurisdiction
- Ireland
- Judgment Date
- 17 January 2020
- Procedural Posture
- Personal Injuries Appeal / High Court Appeal From Circuit Court
- Outcome
- Appeal allowed; aggravated damages refused; general and special damages awarded.
- Legal Topics
- Personal Injuries, Damages Assessment, Aggravated Damages, Costs, Pleadings, Discovery
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Doyle
Plaintiff
Marie Donovan
Defendant
Procedural Posture
Personal Injuries Appeal / High Court Appeal From Circuit Court
Legal Issues
- 1 Whether the plaintiff is entitled to aggravated damages for the manner in which the defence was pleaded
- 2 Assessment of general and special damages for personal injuries
Ratio Decidendi
Aggravated damages are not appropriate where the impugned plea was not pursued at hearing, liability was conceded, and statutory and costs sanctions exist for litigation misconduct. General damages are assessed based on agreed medical reports and the Book of Quantum.
Court Disposition
Appeal allowed; aggravated damages refused; general and special damages awarded.
Orders
- Defendant to pay plaintiff €25,000 general damages for pain and suffering.
- Defendant to pay plaintiff €397 special damages, subject to confirmation.
Full Case Text
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