The High Court awarded Natalie Courtney €150,000 in general damages for a significant depressive illness caused by the events surrounding her daughter Aisling’s death at Our Lady’s Hospital, Crumlin. It also allowed €10,500 towards the reasonable costs of legal representation at the inquest into the child’s death.
The defendants had conceded liability. The case before Mr Justice O’Neill was an assessment of damages, including a remaining issue from the fatal injuries claim about inquest costs. The court assessed €75,000 for past general damages and €75,000 for future general damages. It accepted psychiatric evidence that Courtney could recover substantially through cognitive therapy and possibly medication, but would not fully recover and would experience lasting effects.
Aisling became ill late on 18 February 2006. Courtney and her partner brought her to the hospital around midnight and stayed with her as her condition worsened. Aisling died in intensive care at 10.25am on 19 February. The judgment says Courtney later suffered a significant depressive illness, with serious effects on her daily life. The court distinguished that illness, caused by the traumatic events she witnessed, from the grief for which she had already received compensation as a dependent. In December 2010, DeValera J. approved €32,111.13 in settlement of the dependents’ claim for mental distress.
The remaining dispute concerned the cost of Courtney’s legal representation at the inquest. The defendants argued that those costs were not recoverable because an inquest cannot determine civil or criminal liability. The court accepted that an inquest is a fact-finding process, but found that the circumstances of Aisling’s death had been disputed or potentially disputed, Courtney was a central witness, and representation was reasonable in the circumstances.
Justice O’Neill held that reasonable inquest representation costs could qualify as “other expenses actually incurred” under section 49(2) of the Civil Liability Act 1961. He found that Courtney had incurred a liability for the costs under the “no foal no fee” arrangement because she had succeeded in the action. Of the €21,407 claimed, he considered the counsel’s brief fee and solicitor’s instruction fee excessive, and allowed €3,500 and €7,000 respectively. The judgment does not state an overall award including the other inquest representation costs.