Judgment: 2001-11-13 · Court archive

Supreme Court cuts damages award after finding plaintiff’s evidence persistently dishonest

Supreme Court · [2001] IESC 93

Who, what, where, when and why

Who
  • Patrick Vesey
  • Mr Justice Hardiman
What

Supreme Court cuts damages award after finding plaintiff’s evidence persistently dishonest

Where

Places mentioned in the report

  • Stillorgan Road
  • High Court
  • Supreme Court
When

Judgment:

Why

Reasons reported in the judgment

The Supreme Court has reduced a £72,500 personal injuries award to £30,000 after finding that the plaintiff had repeatedly given false or unreliable evidence about his medical condition and work history.

The Supreme Court has reduced a £72,500 personal injuries award to £30,000 after finding that the plaintiff had repeatedly given false or unreliable evidence about his medical condition and work history.

Patrick Vesey was injured on September 9, 1996 when his stationary vehicle was struck from behind by a Bus Éireann bus at traffic lights on the Stillorgan Road. Bus Éireann admitted liability, leaving the extent of Vesey’s injuries and financial losses as the issues at trial.

The High Court had awarded £7,500 in special damages, £35,000 for past and future loss of earnings, and £30,000 for pain and suffering.

That court had also made unusually strong findings about Vesey’s evidence. The trial judge said Vesey had lied to the court and to doctors, and had given misleading accounts of both his previous accidents and employment history. Those findings were not appealed by Vesey.

On Bus Éireann’s appeal, Mr Justice Hardiman held that the future loss-of-earnings award was largely speculative and should be removed entirely. The Supreme Court found that Vesey had failed to establish, on credible evidence, that he would suffer future earnings loss.

The court also reduced general damages for pain and suffering to £15,000. It relied on medical evidence that Vesey already had significant back problems before the 1996 crash, including previous injuries, degenerative changes, spinal stenosis and obesity. The accident was found to have caused only modest additional injury.

A further £7,500 was allowed for past loss of earnings, reflecting a medical concession that nine months off work was not unreasonable. Special damages of £7,500 remained unchanged.

The Supreme Court declined to reduce the award further as a punishment for dishonesty, although it observed that sufficiently serious dishonesty could amount to an abuse of the judicial process. The final award was therefore £30,000.

Read the original court judgment

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