Shelley-Morris v. Dublin Bus/Bus Atha Cliath [2003] IESC 2 (22 January 2003)

Shelley-Morris v. Dublin Bus/Bus Atha Cliath [2003] IESC 2 (22 January 2003)

Plaintiff's deliberate exaggeration of claim is a significant factor; although plaintiff retained partial damages, defendant was more successful on appeal. No order as to costs in Supreme Court due to mixed success and plaintiff's conduct.

Citation
[2003] IESC 2
Parties
Plaintiff/respondent: Siwsan Shelley-Morris; Defendant/appellant: Bus Atha Cliath – Dublin Bus
Jurisdiction
Ireland
Judgment Date
22 January 2003
Procedural Posture
Personal Injury Negligence Appeal / Supreme Court Judgment on Appeal and Costs
Outcome
Appeal allowed in part; damages reduced; no order as to costs in Supreme Court.
Legal Topics
Negligence, Contributory Negligence, Costs, Abuse of Process
Tort Civil Procedure Negligence Contributory Negligence Costs Abuse of Process

Case Brief

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Parties

Siwsan Shelley-Morris

Plaintiff/respondent

Bus Atha Cliath – Dublin Bus

Defendant/appellant

Procedural Posture

Personal Injury Negligence Appeal / Supreme Court Judgment on Appeal and Costs

Legal Issues

  1. 1 apportionment of contributory negligence
  2. 2 quantum of damages
  3. 3 entitlement to costs

Ratio Decidendi

Plaintiff's deliberate exaggeration of claim is a significant factor; although plaintiff retained partial damages, defendant was more successful on appeal. No order as to costs in Supreme Court due to mixed success and plaintiff's conduct.

Court Disposition

Appeal allowed in part; damages reduced; no order as to costs in Supreme Court.

Orders

  • Damages reduced to £90,000.00; plaintiff entitled to £45,000.00 after 50% contributory negligence.
  • No order as to costs in Supreme Court.