Jackson Way Properties Ltd. v. Minister for the Environment and Local Government [1999] IEHC 28; [1999] 4 IR 608 (10th September, 1999)

Jackson Way Properties Ltd. v. Minister for the Environment and Local Government [1999] IEHC 28; [1999] 4 IR 608 (10th September, 1999)

Plaintiff's lifelong suffering and bleak prognosis warrant an increased award of general damages; Supreme Court authority does not require reduction of damages in statutory appeals of this nature.

Citation
[1999] 4 IR 608
Parties
Appellant: Plaintiff; Respondent: Hepatitis C Compensation Tribunal
Jurisdiction
Ireland
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Compensation Assessment, General Damages, Hepatitis C Infection, Statutory Appeals
Personal Injury Medical Negligence Compensation Assessment General Damages Hepatitis C Infection Statutory Appeals

Case Brief

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Parties

Plaintiff

Appellant

Hepatitis C Compensation Tribunal

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Appropriate quantum of general damages for Hepatitis C infection
  2. 2 Assessment of damages for pain, suffering, and loss of amenity
  3. 3 Application of Supreme Court authority to compensation appeals

Ratio Decidendi

Plaintiff's lifelong suffering and bleak prognosis warrant an increased award of general damages; Supreme Court authority does not require reduction of damages in statutory appeals of this nature.

Court Disposition

appeal allowed in part

Orders

  • General damages increased to £250,000
  • Judgment for Plaintiff for £120,000 (additional sum over prior award)