The High Court has awarded a woman €328,000 in damages against her former foster carer, after assessing her total damages at €578,000 and deducting a €250,000 settlement she had received from Tusla.
In a judgment delivered on 23 July 2025, Ms Justice Emily Egan found that the woman had suffered repeated rape and other abuse by Stephen Murray from the age of 11 until 2015, while she was in his foster care. Murray did not participate in the civil proceedings. The court had granted judgment against him in default of appearance in February 2024, leaving the assessment of damages for a judge to decide.
The judge awarded €450,000 in general damages: €325,000 for pain and suffering to date and €125,000 for future suffering. She described the abuse as a “worst case scenario” in its nature and severity. The award reflected the repeated abuse during the plaintiff’s childhood and adolescence, the breach of trust, and the lasting effects, including PTSD and disrupted education. The court found that meaningful recovery was unlikely for a further five to seven years.
The judge did not award aggravated or exemplary damages. Although those claims were raised in written submissions, they were not in the pleadings and had not been fully argued at the hearing. The judge said it would not be appropriate to make such an award.
The €128,000 in special damages comprised €64,555 for past loss of earnings, €30,447 for future loss of earnings and approximately €33,000 for future treatment. The court found that the plaintiff would likely have completed her social care degree and begun work as a social worker but for the abuse and its aftermath. It rejected her claim for accommodation costs because she had not paid them, and made no award for a claimed €300 weekly aftercare allowance because there was insufficient proof it had been paid to Murray.
The plaintiff had settled her separate negligence claim against Tusla for €250,000, plus High Court costs, while retaining her claim against Murray. Justice Egan found Tusla and Murray were concurrent wrongdoers responsible for the same damage. Applying the Civil Liability Act 1961, she deducted the settlement from the €578,000 total, leaving the €328,000 judgment against Murray.
The court also ruled that the Personal Injuries Guidelines do not apply to civil claims for child sexual abuse of this kind. It said the assessment principles in the Supreme Court’s 2005 decision in MN v SM continue to apply, with the current €550,000 upper limit on general damages relevant as a comparator.