Damages

Question 1

Introduction?

Answer 1

Financial compensation aiming to put P in position before incident

Must be recovered one & for all

Irish Law of Damages: assessment of damages one of the most challenging & demanding of judicial functions

Question 2

Damages: Contemptuous damages?

Answer 2

Awarded where court of view P technically entitled to verdict, has no moral claim

Generally penalises P since costs not awarded

Reynolds v Times 2001: jury assessed damages at nil. Changed to 1p

Question 3

Nominal Damages?

Answer 3

P’s legal right infringed but no actual damage eg trespass

Main aim to vindicate

Constantine v Imperial Hotels 1944 (cricketer)

Question 4

Compensatory Damages?

Answer 4

🔑 compensation, where P suffered loss

Special compensatory damages: pecuniary

General compensatory damages: non pecuniary eg pain & suffering

Will be awarded when:
Reddy v Bates 1983, overall loss of amenity inc mental pain & impact on social life
Nolan v Murphy 2005, must be proportionate to social conditions & common good

Question 5

Aggravated damages?

Answer 5

Awarded when D’s conduct has worsened harm to P. May be increased due to:

1. Arrogant or outrageous nature of wrong
2. Refusal to apologise, mitigate harm or threats to repeat
3. Conduct during defence

Connellan v St. Joseph’s Kilkenny, awarded for racial / verbal / physical abuse

Question 6

Exemplary / Punitive damages?

Answer 6

Awarded to express strong disapproval & serve as deterrent

Dont align well with civil law principles which focus on dispute resolution than punishment. Use lower BOP than criminal cases & courts award cautiously

Rookes v Bernard 1964 Devlin:

1. Oppressive, arbitrary, unconstitutional actions by government officials
2. Conduct intending to profit D beyond compensating P
3. When statute specifically allows

Question 7

Exemplary damages Irish Law?

Answer 7

SC rejected Devlins 1st category in Conway v NTO 1988 finding it too narrow

McIntyre v Lewis 1991 courted adopted Devlins following considerations:

1. P must be victim of punishable behaviour
2. Power to award is weapon that can be used for / against liberty
3. Parties means relevant in assessing damages, considering factors that aggravate/ mitigate D’s conduct

Question 8

Shortt v Commissioner 2007?

Answer 8

Hardiman: worst example of state oppression
Murray CJ: stain of darkest dye

Hardiman clarified exem distinct from compensatory / aggravated. Emphasised damages should show society’s detestation for actions

Murray added amount should reflect gravity of misconduct.

SC increased damages from 1.9 to 4.6 inc 1m in punitive

Question 9

Herrighty v Irish newspapers 2008?

Answer 9

HC ruled D breached P’s privacy

Referred to Shortt & principles from Conway & awarded compensatory, aggravated & punitive damages

Assessed 60k in ordinary & aggravated for deliberate & unjustified privacy breach & 30k in punitive deeming D’s use of unlawfully obtained phone transcripts outrageous