O'K v L.H and Others
| Jurisdiction | Ireland |
| Judge | Mr. Justice de Valera |
| Judgment Date | 24 October 2006 |
| Neutral Citation | [2006] IEHC 393 |
| Docket Number | [1998/10555 P] |
| Court | High Court |
| Date | 24 October 2006 |
BETWEEN
AND
[2006] IEHC 393
THE HIGH COURT
DAMAGES
Assessment
The plaintiff previously obtained judgment against the first named defendant. This case concerned the appropriate measure of damages to be awarded to the plaintiff against that defendant as a result of sexual abuse suffered by the plaintiff and whether it was appropriate to award aggravated and exemplary damages also.
Held by de Valera J. in awarding the sum of Eur305,104 by way of damages to the plaintiff: That the appropriate figure for general damages in this case was the sum of Eur200,000, comprising Eur150,000 for general damages to date and Eur50,000 for damages into the future. Having regard to the fact that the defendant refused to take any part in this trial, his behaviour at the criminal trial and the nature of the wrong committed by the defendant, it was appropriate to award the sum of Eur50,000 by way of aggravated damages and Eur50,000 by way of exemplary damages. Furthermore, the compensation awarded by the Criminal Injuries Compensation Tribunal was not taken into account in respect of the amount of damages awarded in this case.
Reporter: L.O’S.
GOUGH v NEARY & CRONIN 2003 3 IR 92 2004 1 ILRM
MCINTYRE v LEWIS 1991 1 IR 121
CROFTER PROPERTIES v GENPORT LTD 2002 4 IR 73 2003 10 213
This judgment is circulated in a redacted form to avoid identification of the parties
The plaintiff obtained judgment against the first defendant on the 8th day of November, 1999 and the defendant did not seek to appear nor was he represented at the subsequent hearing between the plaintiff and the second, third and fourth defendants which was heard in the High Court in Dublin commencing on the 3rd day of March, 2004.
I am now asked to measure the damages to which the plaintiff is entitled against the first defendant.
A figure of €5,104 was claimed by the plaintiff against the defendants and agreed between the plaintiff and the second, third and fourth defendants (subject to liability). I am satisfied on the evidence that this is an appropriate amount to award the plaintiff under this heading against the first defendant.
In deciding on the appropriate figure for general damages I am accepting the evidence of the plaintiff herself and that of Dr. O'Leary, her psychiatrist.
Since the sexual assaults on the plaintiff when she was a little girl her life has been blighted and I am satisfied on the evidence that the sexual abuse that she suffered has been, as described by Dr. O'Leary:
"quite intrusive in her life… and still is to the...
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