The High Court has approved a €32,500 settlement of a personal injury claim brought on behalf of a child who lost part of his left little finger in an accident at a synthetic ice rink. The court directed that €24,054.60 be paid into court and held for the child until he turns 18, with €8,445.40 paid to his solicitor for costs, outlay and VAT.
The child, who was eight at the time, fell while skating on 30 November 2013. Another skater went over his left hand while he was on the ice, causing a partial amputation of the little finger. An attempt to reattach the fingertip was unsuccessful. The judgment says the remaining finger is 17mm shorter than the corresponding finger on his right hand.
A plastic surgeon reported that the child had normal function for daily tasks and could play sports, though grip on the ulnar side of the left hand was slightly weaker. The report also described cold intolerance and heat sensitivity likely to persist to some degree, and said the hand’s appearance continued to cause psychological upset. A psychologist’s report described ongoing psychological symptoms and recommended trauma-related therapy for the child and his mother. The judge said it was unclear whether that recommendation had been followed.
The claim was issued in the High Court in 2015. A €15,000 offer in 2020, comprising €7,500 damages and €7,500 costs, was refused because the damages element was not considered reasonable. A later €32,500 offer comprised €20,000 damages and €12,500 costs. At a renewed application, the court raised concerns about the proposed costs allocation and sought further material.
In approving the overall offer, Mr Justice Garrett Simons said there was a real likelihood the claim would be dismissed at trial over liability and causation. The court considered that the defendant could argue the accident was an inherent risk of skating, and that the child’s fall had not been attributed to overcrowding or being pushed. The judge estimated a successful claim might be worth €35,000 to €45,000 before costs, but said the trial risks made the discounted settlement fair and reasonable.
The judge separately assessed the costs payable from the settlement. He allowed €8,445.40, including €3,050.40 for counsel, and said the case did not warrant senior counsel or two counsel. The remaining €24,054.60 is to be held to the child’s credit until he reaches 18. The approval and payment directions were made because the plaintiff was a minor; the judgment does not decide the disputed liability issues at trial.