R v L (Approved) [2025] IEHC 595 (30 October 2025)

R v L (Approved) [2025] IEHC 595 (30 October 2025)

The court, accepting the plaintiff's evidence and medical report, found that the abuse caused significant psychological injury (CPTSD) and impaired relationships, warranting general, future, and exemplary damages. The personal injury guidelines were not determinative; the court applied the principles from Kemmy v Murray and MN v SM, considering the nature, severity, timing, and duration of the abuse. Costs were measured but subject to possible adjudication upon defendant's application.

Citation
[2025] IEHC 595
Parties
Plaintiff: R; Defendant: L
Jurisdiction
Ireland
Judgment Date
30 October 2025
Procedural Posture
Civil Personal Injury (sexual Abuse) / Assessment of Damages Following Judgment in Default of Appearance
Outcome
Judgment for the plaintiff against the defendant.
Legal Topics
Sexual Abuse, Child Abuse, Damages Assessment, Aggravated and Exemplary Damages, Psychiatric Injury, Costs
Tort Law Personal Injury Civil Procedure Sexual Abuse Child Abuse Damages Assessment Aggravated and Exemplary Damages Psychiatric Injury +1 more

Case Brief

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Parties

R

Plaintiff

L

Defendant

Procedural Posture

Civil Personal Injury (sexual Abuse) / Assessment of Damages Following Judgment in Default of Appearance

Legal Issues

  1. 1 Appropriate assessment of damages for historical child sexual abuse
  2. 2 Applicability of personal injury guidelines to child sexual abuse cases
  3. 3 Entitlement to aggravated and exemplary damages

Ratio Decidendi

The court, accepting the plaintiff's evidence and medical report, found that the abuse caused significant psychological injury (CPTSD) and impaired relationships, warranting general, future, and exemplary damages. The personal injury guidelines were not determinative; the court applied the principles from Kemmy v Murray and MN v SM, considering the nature, severity, timing, and duration of the abuse. Costs were measured but subject to possible adjudication upon defendant's application.

Court Disposition

Judgment for the plaintiff against the defendant.

Orders

  • Plaintiff awarded €115,000 in damages (general, future, exemplary).
  • Plaintiff awarded costs of the action against the defendant, including all reserved and discovery costs.