The High Court assessed damages at €350,000 for a woman who suffered repeated sexual abuse as a child by her father and uncle, but deferred deciding whether that amount must be reduced because she had already settled her claim against the Health Service Executive (HSE).
In a judgment delivered on 30 June 2022, Mr Justice Garrett Simons awarded €275,000 for pain and suffering to date and €75,000 for future pain and suffering. The assessment does not settle the amount ultimately recoverable from the father and uncle: the court reopened the hearing to receive submissions on the legal effect of the HSE settlement.
The proceedings began in 2012 against the HSE, the father and the uncle. The claim alleged that the HSE failed to protect the plaintiff after disclosure of the abuse. That claim was settled for €130,000, and the proceedings against the HSE were struck out in May 2021. The judgment says it was unclear whether the settlement included an admission of liability.
The uncle did not enter an appearance, and judgment was entered against him in default in October 2013, with damages to be assessed. At the May 2022 hearing, the father said he no longer wished to contest the action. Both men had been convicted of sexual offences arising from the abuse. Neither challenged the plaintiff’s evidence or the fact of the abuse at the civil hearing.
The court heard that abuse by the father lasted at least eight years and abuse by the uncle about two years, ending in October 2004. The judge considered the plaintiff’s evidence and medical testimony describing complex post-traumatic stress disorder, earlier self-harm and overdoses, and continuing effects including nightmares, insomnia and difficulties with intimate relationships. The court also noted that she had completed a university degree and developed coping mechanisms.
The judge assessed the harm by reference to established case law, stating that the personal injuries guidelines did not apply because the proceedings began before those guidelines came into operation. He did not award a separate sum for aggravated damages, explaining that the effects of the breach of trust were reflected in the overall award. A claim for exemplary damages was not pursued.
The unresolved issue is whether the HSE and the two remaining defendants were concurrent wrongdoers responsible for the same damage under the Civil Liability Act 1961. If so, the judge said the recoverable damages might have to be reduced by at least the €130,000 settlement, or by a greater amount depending on the HSE’s potential contribution. He listed the case for further submissions on 15 July 2022.
A reporting restriction prohibits publication of material likely to identify the plaintiff, including the parties’ names or addresses and details of where they live or lived. The judgment permits reporting of its substance while preserving that anonymity.