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...

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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......
  • Delaney v The Personal Injuries Board and Others
    • Ireland
    • Supreme Court
    • 9 April 2024
    ...facial disfigurement or, indeed, any continuing disability can be measured in terms of money” ( Foley v Thermocement Products Ltd (1956) 90 ILTR 92, at 94 (per Lavery J)). As the Court of Appeal (per Irvine J) aptly observed in Nolan v Wirenski, “ [t]he assessment of damages in personal inj......
  • 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......
  • Leech v Independent Newspaper (Ireland) Ltd
    • Ireland
    • Supreme Court
    • 19 December 2014
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