The High Court has refused to order a split trial in a personal injuries case brought by Patrick McInerney against Kildare County Council over an accident at Ardrew Halting Site in Athy.
Mr Justice Barr delivered judgment on 13 February 2026. McInerney, who was five at the time, alleges that he fell from a roughly three-metre wall at the halting site on 15 June 2015 after accessing it by a mound of earth, rubbish and debris left beside the wall. He suffered a skull fracture.
The council disputes how the injury happened and pleads that the skull fracture may instead have resulted from an interaction with a horse or pony. It also alleges contributory negligence by McInerney’s parents, exaggeration of the damages claim and collusion involving a proposed witness. Those allegations remain to be determined at trial.
The plaintiff sought to have liability decided first, with damages considered later only if liability was established. His lawyers argued this could avoid the expense of calling numerous medical, rehabilitation and financial experts if the claim failed on liability.
Barr J refused that request. He held that credibility issues extend across both liability and damages. Separating the case could either restrict the council’s ability to test those issues properly or require medical witnesses to attend twice, increasing rather than reducing time and cost.
The court also rejected a request for an interim damages assessment. The plaintiff’s medical evidence already provides a firm long-term prognosis, so Barr J held that damages should be assessed on a whole-life basis, while leaving the trial judge free to revisit that if circumstances change.
The council’s application for fuller particulars was allowed. The plaintiff must provide detailed whole-life special damages particulars and respond to questions concerning the family’s engagement with Kildare County Council over housing within eight weeks of the perfected order.