Wilson v Gilroy & Anor [2008] NICA 23 (7 May 2008)

Wilson v Gilroy & Anor [2008] NICA 23 (7 May 2008)

The award of £150,000 in damages was within the appropriate bracket for the multiplicity and severity of injuries suffered by Mrs Wilson, including severe psychiatric harm, and was not based on any erroneous principle or misapprehension of facts. The correct rate of interest is 2% per annum from the date of issue of proceedings.

Citation
[2008] NICA 23
Parties
Respondent/plaintiff: Dorothy Helen Wilson; Appellant/defendant: James Anthony Gilroy; Appellant/defendant: Motor Insurers' Bureau
Jurisdiction
Northern Ireland
Judgment Date
07 May 2008
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Assessment of Damages, Psychiatric Injury, Interest on Damages, Guidelines for Damages, Appellate Review of Damages
Tort Personal Injury Assessment of Damages Psychiatric Injury Interest on Damages Guidelines for Damages Appellate Review of Damages

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Parties

Dorothy Helen Wilson

Respondent/plaintiff

James Anthony Gilroy

Appellant/defendant

Motor Insurers' Bureau

Appellant/defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge's award of damages was erroneous or outside the appropriate bracket
  2. 2 Appropriate application of guidelines for assessment of damages
  3. 3 Correct rate and period for interest on damages

Ratio Decidendi

The award of £150,000 in damages was within the appropriate bracket for the multiplicity and severity of injuries suffered by Mrs Wilson, including severe psychiatric harm, and was not based on any erroneous principle or misapprehension of facts. The correct rate of interest is 2% per annum from the date of issue of proceedings.

Court Disposition

Appeal dismissed

Orders

  • Award of £150,000 in damages upheld
  • Interest at 2% per annum payable from 29 October 2002 (date of issue of proceedings) until payment of principal sum