Dorothy Helen Wilson v James Anthony Gilroy and Motor Insurers' Bureau
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 07 May 2008 |
| Neutral Citation | [2008] NICA 23 |
| Date | 07 May 2008 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2008 |
1
Neutral Citation no. [2008] NICA 23 Ref:
KER7158
Judgment: approved by the Court for handing down Delivered:
7/5/08
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
BETWEEN:
DOROTHY HELEN WILSON
Respondent/Plaintiff
and
JAMES ANTHONY GILROY and MOTOR INSURERS’ BUREAU
Appellants/Defendants
_________
Before Kerr LCJ, Campbell LJ and Girvan LJ
_________
KERR LCJ
[1] This is an appeal from the decision of Treacy J awarding the plaintiff,
Dorothy Helen Wilson, £150,000 damages and costs for personal injuries, loss
and damage sustained by her in a road traffic accident on 18 December 1999.
A subsidiary issue in the appeal related to the amount of interest which the
judge ordered should be applied to the principal sum. He ordered that
interest at the annual rate of 21/2 % should be paid over the period from the
date of the accident until the date of judgment, 9 November 2007. It is
accepted on behalf of the respondent that the rate should have been 2% and
that the starting date for the payment of interest should be the date of the
issue of proceedings, 29 October 2002.
[2] Before reviewing the particular circumstances of the case, it is useful to
say something about the proper approach to appeals against awards of
damages. In Santos v Eaton Square Garage Ltd [2007] EWCA Civ 225 Maurice
Kay LJ dealt with this issue in the following passage: -
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4 cases
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McKeever (Patrick) and Simon Redmond
...I have concluded that the appropriate level of damages for the Plaintiff’s psychological injury is £12,500. 8 [27] In Wilson v Gilroy [2008] NICA 23, Kerr LCJ advised3: “In cases involving a multiplicity of injuries each of which calls for individual evaluation it is well established that o......
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CB (a child by her mother and next friend) v Belfast Health and Social Care Trust
...In cases involving multiple injuries it is open to the court to attribute a value to each and to adjust the total (see Wilson v Gilroy [2008] NICA 23). The Court of Appeal in that case first analysed the individual injuries sustained by the plaintiff attributing a value to each injury. Ther......
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JM (a young person) by her mother and next friend LM and Northern Ireland Health and Social Care Trust
...then aggregation, followed by consideration of, and if appropriate, an adjustment of the global figure, Wilson v Gilroy and MIB [2008] NICA 23. In this case I consider that there are aspects of the plaintiff’s claim for general damages which do require separate analysis but which are not su......
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Martin Dominic Carr and Dromore Diocesan Trust
...damage aspect of the case adheres to the approach set out by Kerr LCJ at paragraphs [21] to [30] in the case of Wilson v Gilroy & MIB [2008] NICA 23. I have no hesitation in concluding that a global figure of £170,000 in respect of general damages is the appropriate figure in this case. The......