Quinn (Michael) v Ministry of Defence
| Jurisdiction | Northern Ireland |
| Judge | McAlinden J |
| Judgment Date | 27 September 2018 |
| Neutral Citation | [2018] NIQB 82 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 27 September 2018 |
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Neutral Citation No: [2018] NIQB 82
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McA10746
Delivered: 27/09/2018
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
BETWEEN:
MICHAEL QUINN
Plaintiff
and
MINISTRY OF DEFENCE
Defendant
________
McALINDEN J
Introduction
[1] The Plaintiff, who was born on 2nd January, 1955, who resides with his wife in
Rathfarnam in Dublin, and who had a long and successful career in banking, claims
damages against the Defendant in respect of injuries suffered by him when, at the
age of 17, he was shot by an unidentified soldier in Glenfada Park, Londonderry, on
the afternoon of Sunday 30th January, 1972.
[2] I do not consider it necessary to set out in detail the events of that afternoon
leading up to the shooting of the Plaintiff because of the manner in which the
Defendant has chosen to meet and deal with this litigation and indeed all the cases
brought by the surviving victims and the relatives of the deceased victims of Bloody
Sunday. The Defendant accepts that this Plaintiff and indeed all the victims were
innocent victims and has admitted assault, battery and trespass to the person and
has not sought to raise any matter or issue by way of attempted justification for the
actions of the soldiers in question nor has it sought to avail of any limitation defence
which might otherwise have been available to it.
[3] At the time of these events, the Plaintiff was a lower 6th year student in
St Columb’s in Derry. He was studying History, English, and French to A Level. He
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and several school friends decided to take part in the civil rights march planned for
Sunday, 30th January, 1972. The Plaintiff’s father who was a fitter employed by the
Lough Swilly Bus Company also took part in the march but the Plaintiff was not
with his father during the march.
[4] The Plaintiff remembers the march progressing along William Street until it
was blocked at a barrier erected by the Security Forces identified as Barrier 14 on the
map provided to the Court. He remembers that there was some stone throwing at
this stage and water cannon being used by the Security Forces at this location and
this resulted in him being drenched with water infused with a pink dye which was
fired from the water cannon. He remembers being asked by a Mr Wray to help carry
a banner for a short time which he did and he then remembers leaving this area and
proceeding down Rossville Street as CS gas cannisters and rubber bullets were being
discharged by the Security Forces at this time. At this stage he remembers putting a
handkerchief over his mouth because of the gas.
[5] By the time the Plaintiff had reached the rubble barricade in Rossville Street
which is also shown on the map, he remembers having heard shots and knew from
the sound that they had been fired by the army. He also remembers seeing a soldier
come from the back of one of the blocks of flats to the east of Rossville Street and
raise his rifle in his direction and then reach into a pouch and take what the Plaintiff
assumed was a bullet from the pouch and place this bullet in the breach of the rifle.
The Plaintiff became very frightened at that stage and ran with others into
Glenfada Park North which is to the west of Rossville Street and took partial shelter
behind a wooden fence appertaining to one of the dwellings in Glenfada Park North.
[6] Whilst in this location he was photographed and the Court has been provided
with a copy of that photograph. The Plaintiff is seen standing partially behind a
wooden fence and in the foreground, Mr Wray is seen wearing a woollen hat and to
Mr Wray’s right a number of individuals are seen carrying a person who had been
shot. This was Mr Michael Kelly who was killed that day and the Plaintiff, a
17-year-old school boy, of unblemished record and from a good family background,
saw Mr Kelly being carried through Glenfada Park North, shortly after Mr Kelly had
been shot.
[7] The Plaintiff remembers hearing quite a lot of shooting at this stage from the
area of Rossville Flats and remembers a large number of individuals rushing into
Glenfada Park North in an effort to flee from the shooting. The situation was
confused but he remembers hearing shouting that soldiers were coming into
Glenfada Park North and this engendered panic in him and many others.
[8] The Plaintiff decided to get away from this scene as quickly as possible and
left the area of partial shelter beside the fence and ran towards an alley which led
towards Abbey Park. Others also ran in this direction. As he was running towards
this alleyway in a crouched position, the Plaintiff was struck by a bullet which was
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4 cases
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Doherty, Desmond James as executor of the estate of Bridget McGuigan Gallagher (Deceased) and Ministry of Defence
...in the present case with the award of damages for aggravated damages of £25,000 made by the same judge in Quinn v Ministry of Defence [2018] NIQB 82. Both Quinn and the present case belong to the same cohort viz they are claims for damages arising out of personal injuries and deaths perpetr......
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Desmond James Doherty as executor of the estate of Bridget McGuigan Gallagher (Deceased) v Ministry of Defence
...awareness of his injury. See Lim Po Choo v Camden and Islington Health Authority [1980] AC 174. [16] In the case of Michael Quinn v MOD, [2018] NIQB 82 at paragraph [35] I referred to the first paragraph of Chapter 42 of McGregor on Damages: “In so far as an assault and battery results in p......
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Summary of Judgment - Court Dismisses Appeal Against Bloody Sunday Damages
...in the present case with the award of damages for aggravated damages of £25,000 made by the same judge in Quinn v Ministry of Defence [2018] NIQB 82. Both Quinn and the present case belong to the same group of claims for damages arising out of personal injuries and deaths perpetrated by sol......
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Martin Dominic Carr and Dromore Diocesan Trust
...this matter. I have previously dealt at length with the award of aggravated damages in the case of Michael Quinn v Ministry of Defence [2018] NIQB 82 at paragraphs [35] to [54] and I do not intend to repeat what I set out there. However, applying the principles set out there, I conclude tha......