McIntyre v. Lewis [1990] IESC 5; [1991] 1 IR 121 (17th December, 1990)

McIntyre v. Lewis [1990] IESC 5; [1991] 1 IR 121 (17th December, 1990)

The jury's finding that the Gardaí assaulted and maliciously prosecuted the plaintiff, and that the plaintiff did not assault the Gardaí, established absence of reasonable and probable cause. The State was vicariously liable as the acts were committed in the course of duty. Exemplary damages were appropriate for the abuse of power. However, the quantum of damages for malicious prosecution was excessive and required reduction.

Citation
[1990] IESC 5
Parties
Plaintiff: William McIntyre; Defendant: Michael Lewis; Defendant: Gerard P. Dolan; Defendant: Ireland; Defendant: The Attorney General
Jurisdiction
Ireland
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Jury Verdict
Outcome
Appeals dismissed on liability; damages for malicious prosecution reduced.
Legal Topics
Assault, False Imprisonment, Malicious Prosecution, Exemplary Damages, Vicarious Liability
Tort Law Constitutional Law Assault False Imprisonment Malicious Prosecution Exemplary Damages Vicarious Liability

Case Brief

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Parties

William McIntyre

Plaintiff

Michael Lewis

Defendant

Gerard P. Dolan

Defendant

Ireland

Defendant

The Attorney General

Defendant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Jury Verdict

Legal Issues

  1. 1 Whether the plaintiff established absence of reasonable and probable cause for malicious prosecution
  2. 2 Whether exemplary damages can be awarded without being specifically pleaded
  3. 3 Whether the State is vicariously liable for the acts of Gardaí who fabricated a case

Ratio Decidendi

The jury's finding that the Gardaí assaulted and maliciously prosecuted the plaintiff, and that the plaintiff did not assault the Gardaí, established absence of reasonable and probable cause. The State was vicariously liable as the acts were committed in the course of duty. Exemplary damages were appropriate for the abuse of power. However, the quantum of damages for malicious prosecution was excessive and required reduction.

Court Disposition

Appeals dismissed on liability; damages for malicious prosecution reduced.

Orders

  • Damages for assault and false imprisonment affirmed at £5,000.
  • Damages for malicious prosecution reduced to £20,000 exemplary damages plus £1,787.50 special damages.