McManus v Ulster Farmers Mart Co Ltd [2023] NICA 92 (06 June 2023)

McManus v Ulster Farmers Mart Co Ltd [2023] NICA 92 (06 June 2023)

The trial judge's assessment of both general and special damages was within the appropriate range, based on the evidence and applicable principles, and did not amount to an erroneous assessment or misapplication of law or fact.

Source-derived case information.

Citation
[2023] NICA 92
Parties
Plaintiff/appellant: Thomas McManus; Defendant/respondent: Ulster Farmers Mart Co Ltd
Jurisdiction
Northern Ireland
Judgment Date
06 June 2023
Procedural Posture
Civil Appeal / Appeal Against Quantum of Damages
Outcome
Appeal dismissed
Legal Topics
Quantum of Damages, Assessment of General and Special Damages, Appeal Standards in Damages Cases
Tort Law Personal Injury Quantum of Damages Assessment of General and Special Damages Appeal Standards in Damages Cases

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Parties

Thomas McManus

Plaintiff/appellant

Ulster Farmers Mart Co Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Against Quantum of Damages

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of general damages for physical and psychiatric injury
  2. 2 Whether the trial judge erred in the assessment of special damages for financial loss

Ratio Decidendi

The trial judge's assessment of both general and special damages was within the appropriate range, based on the evidence and applicable principles, and did not amount to an erroneous assessment or misapplication of law or fact.

Court Disposition

Appeal dismissed

Orders

  • Plaintiff entitled to 2% interest on general damages from date of writ of summons
  • Plaintiff entitled to 4% interest on special damages from date of accident