The High Court awarded X and her minor daughter €1,500 jointly in damages after finding a breach of Article 17 of the EU Reception Conditions Directive. The 3 April 2019 judgment dealt only with the amount of damages, following an earlier judgment on liability.
Mr Justice Max Barrett said there was little evidence of the losses X and her daughter suffered between 17 September and 14 October 2018. X had not submitted an affidavit detailing her actual losses or injuries. The court accepted that she could not produce receipts, but said an account of her recollection of expenses would have assisted.
The court noted that X’s grounding affidavit said she had paid rent through the end of October with her last money and otherwise had no money. It also considered that she would have had to pay for meals, limited clothing needs and toiletries for herself and her daughter during the period. The judge said they had already been living in Ireland and had clothing. He also took account of cash support X would have received had she been in direct provision, and the stress of being responsible for an infant child during the events.
X’s counsel suggested at the hearing that she had been forced to borrow money, but the judge said there was no evidence of this before the court. Having regard to the available evidence and the EU-law requirement for effective protection and deterrence, the court set damages at €1,500 jointly for the applicants.
On costs, the Minister had succeeded on most of five issues identified in the earlier judgment, while X and her daughter had succeeded on the Article 17 aspect of one issue. The court made no order as to costs for the application and hearing that led to the earlier judgment. It awarded the applicants the costs of the hearing on quantum.