Foley v Thermocement Products Ltd

JurisdictionIreland
Judgment Date01 January 1956
Date01 January 1956
CourtSupreme Court
S.C.
Foley
and
Thermocement Products, Ltd.

Personal injuries -Whether damages awarded by jury excessive and perverse.

In an action for damages for personal injuries it was Held by the Supreme Court (Maguire C.J., Lavery and Kingsmill - Moore JJ., O'Daly J., dissenting) that there was no reasonable proportion between the figure which the Court would give for damages and the sum awarded by the jury and that the verdict should be set aside and a now trial on the issue of damages ordered. Per Lavery J.: —"It seems that what the Judge in the Court of appeal has to do is to make his own estimate of the damages he would award and then compare this estimate with the verdict and say whether there is a reasonable proportion between the sums, or whether the verdict is an entirely erroneous estimate of the damages or is plainly unreasonable. In making this...

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24 cases
  • Byrne v Ardenheath Company Ltd
    • Ireland
    • Court of Appeal (Ireland)
    • 9 November 2017
    ...of general damages, two of the decisions most frequently relied upon are those of Lavery J. in Foley v. Thermocement Products Ltd. [1954] 90 I.L.T.R. 92 and McCarthy J. in Reddy v. Bates [1984] ILRM 197. The former judgment advises that the test to be applied by an appellate court is to dec......
  • Carey v Independent Newspapers (Ireland) Ltd
    • Ireland
    • High Court
    • 7 August 2003
    ... 1979 IR 149 ADDIS V GRAMOPHONE CO LTD 1909 AC 488 LIVINGSTONE V RAWYARDS COAL CO 1880 5 AC 25 FOLEY V THERMOCEMENT PRODUCTS LTD 1954 90 ILTR 92 MCANARNEY V HANRAHAN 1993 3 IR 492 MCGREGOR ON DAMAGES 15ED PARA 17.18 17.24 19.39 HEDLEY BYRNE V HELLER 1964 AC 465 KENNEDY V ALLIED IRISH BA......
  • Holohan v Donohoe
    • Ireland
    • Supreme Court
    • 11 February 1986
    ... ... the Court's power to assess damages rather than direct a new trial is Gahan V.Engineering Products Ltd. 1971 I.R. 30 ... That was an appeal by the defendants against a finding of negligence against ... ...
  • B.D. v The Minister for Health and Children
    • Ireland
    • High Court
    • 19 January 2019
    ...component in the assessment of general damages. See McGrath v Bourne (1876) I.R. 10 C.L. 160; Foley v. Thermocement Products Ltd (1954) 90 I.L.T.R. 92; Rossiter v Dun Laoghaire Rathdown County Council [2001] 3 I.R. 578; and Kearney v McQuillan (supra). However, correctly understood, if th......
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