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 findings that the Gardaí assaulted, falsely imprisoned, and maliciously prosecuted the plaintiff in the course of duty, combined with the absence of reasonable and probable cause, justified compensatory and exemplary damages. The State is vicariously liable. The original jury award for malicious prosecution was excessive and reduced to £20,000 exemplary damages.

Citation
[1991] 1 IR 121
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
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 Civil Procedure 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

Legal Issues

  1. 1 Whether the plaintiff proved absence of reasonable and probable cause for malicious prosecution
  2. 2 Whether exemplary damages can be awarded without being pleaded
  3. 3 Whether the State is vicariously liable for torts committed by Gardaí

Ratio Decidendi

The jury's findings that the Gardaí assaulted, falsely imprisoned, and maliciously prosecuted the plaintiff in the course of duty, combined with the absence of reasonable and probable cause, justified compensatory and exemplary damages. The State is vicariously liable. The original jury award for malicious prosecution was excessive and reduced to £20,000 exemplary damages.

Court Disposition

Appeals dismissed on liability; damages for malicious prosecution reduced.

Orders

  • Award of £5,000 for assault and false imprisonment affirmed.
  • Award for malicious prosecution reduced to £20,000 exemplary damages.