Michael Monaghan (No.2) and Chief Constable of the Police Service of Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Rooney J |
| Judgment Date | 18 October 2023 |
| Neutral Citation | [2023] NIKB 110 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIKB 110
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: ROO12239
ICOS No:
Delivered: 18/10/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
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KING’S BENCH DIVISION
__________
BETWEEN:
MICHAEL MONAGHAN (No.2)
Plaintiff;
and
CHIEF CONSTABLE OF THE POLICE SERVICE
OF NORTHERN IRELAND
Defendant.
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Mr Brian Fee KC and Ian Skelt KC (instructed by KRW Solicitors) for the Plaintiff
Mr Nicholas Hanna KC and Joseph McEvoy BL (instructed by
the Crown Solicitor) for the Defendant
__________
ROONEY J
[1] The circumstances surrounding the background to the plaintiff’s claim have
been considered in detail in my judgment Michael Monaghan (No.1) v Chief Constable
of the Police Service of Northern Ireland [2023] NIKB 49.
[2] At the commencement of the hearing, Counsel for both parties requested the
court to defer any determination on an award of exemplary damages until after its
decision relating to the merits of the plaintiff’s claim founded on the defendant’s
misfeasance in public office. I agreed to do so.
[3] For the reasons provided in the said judgment, I found in favour of the
plaintiff and made a basic award in the sum of £65,000 for personal injuries and an
award of £25,000 for aggravated damages.
[4] I now turn to the issue as to whether, in light of my findings, an award of
exemplary damages is appropriate. In the analysis that follows, I acknowledge and
remain grateful to Counsel for both parties for their succinct and well-reasoned
skeleton arguments.
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