The High Court assessed total damages at €275,122 in a supplementary judgment concerning a plaintiff identified as A. Z. The court also ordered the title of the proceedings amended to cite her name as A. Z. for anonymity, following an unopposed application made on 3 March 2022.
Mr Justice Michael Hanna said the plaintiff had previously been granted a declaration under section 27 of the Civil Law (Miscellaneous Provisions) Act 2008. The supplementary judgment, delivered on 3 March 2022, records that the defendant did not oppose the title amendment.
The court was told at an adjourned hearing that special damages had been agreed at €125,122. Slightly more than €100,000 of that sum was intended to cover past and future loss of earnings. Counsel for the defendant, Ms O’Reilly BL, said the sum was also intended to encompass a claim for loss of opportunity.
Counsel for the plaintiff, Mr Doyle SC, agreed that a specific amount had been agreed for past and future loss of earnings, but submitted that the parties’ agreement had not accounted for loss of opportunity. He asked the court not to make a deduction contemplated in paragraph 133 of the main judgment.
Justice Hanna said any difference between the parties about the scope of the special damages agreement arose in good faith. He observed that, even if the plaintiff’s counsel was right about the agreement, the scope for awarding damages for loss of opportunity was limited given the agreed sum for past and future loss of earnings.
Taking account of the fact that most of the agreed sum covered loss of earnings, the plaintiff’s evidence and the proportionality of the overall figure, the judge reduced his general damages award to €150,000. Adding the agreed special damages of €125,122, the court assessed total damages at €275,122.