Damage Limitation - Court Of Appeal Continues To Reduce Personal Injuries Awards

• Published date: 06 November 2020
• Law Firm: Dillon Eustace
• Author: Ms Lorna Kennedy

The recent Court of Appeal decision in Leidig v O'Neill [2020] IECA 296 is the latest in a series of decisions in which general damages for personal injuries have been revised downward on appeal.

High Court

The facts of the case are that the plaintiff suffered a fractured wrist which required an operation with internal fixation and bone grafting. The plaintiff argued that the resulting scarring and restriction of movement, including a degree of ongoing pain, precluded him from pursuing his career of choice and from engaging in certain hobbies, although he had secured alternative employment.

On the basis that it believed that the injury was "a severe and permanent condition", the High Court (Eager J) awarded damages at the top of the scale provided by the Book of Quantum: '70,000 for the wrist injury; '40,000 for...