Vesey v. Bus Eireann [2001] IESC 93 (13 November 2001)

Vesey v. Bus Eireann [2001] IESC 93 (13 November 2001)

The Plaintiff failed to provide credible evidence for loss of earnings and general damages due to persistent dishonesty and unreliable testimony. The trial judge's award for future loss of earnings was speculative and unsupported. Only special damages and reduced general damages were justified based on reliable medical evidence.

Citation
[2001] IESC 93
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Judgment Date
13 November 2001
Procedural Posture
Personal Injury Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed in part; damages reduced
Legal Topics
Damages Assessment, Credibility of Evidence, Loss of Earnings, General Damages, Special Damages, Dishonesty in Litigation
Tort Law Personal Injury Damages Assessment Credibility of Evidence Loss of Earnings General Damages Special Damages Dishonesty in Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the damages awarded for general damages and loss of earnings were excessive and unsupported by evidence
  2. 2 Whether any award should be made given the Plaintiff's dishonesty
  3. 3 Whether the trial judge erred in law and fact in awarding damages

Ratio Decidendi

The Plaintiff failed to provide credible evidence for loss of earnings and general damages due to persistent dishonesty and unreliable testimony. The trial judge's award for future loss of earnings was speculative and unsupported. Only special damages and reduced general damages were justified based on reliable medical evidence.

Court Disposition

Appeal allowed in part; damages reduced

Orders

  • Award for future loss of earnings set aside
  • General damages reduced to £15,000