Unrep. Case law

fmcdaid

hi,

I have searched every were and I have only a brief description of the cases but was wondering if any one would know if there is a copy of the below case on line, prefareable the the facts of what occured and the judgement from the original case.


Allen v O’Sulleabhain and the Mid-Western Health Board Unrep July 28 1995 HC/ or Unrep 11 March 1997 SC

thanks for any help

Fmcdaid

FreudianSlippers

Allen v O'Suilleabhain and Mid Western Health Board, Supreme Court, March 1997


At issue in this case was an award of £468,000 damages to a state registered nurse who at the age of 25 suffered serious injury to her back in the course of her employment in 1989. The trial judge summarised her injuries as follows:

"The pain is now virtually constant. She is unable to sit for long periods or stand for more than five minutes. She is unable to walk for more than half an hour at a very slow pace and is unable to bend to wash her hair, etc. Her sleep is frequently disrupted by pain. The cold weather exacerbates her condition. She now has no social life and is on antidepressants.
She is understandably pessimistic about her future. She is extremely disabled in that she is unable to continue in her studies let alone return to her work as a nurse. As a nurse and midwife she would have had extremely good career opportunities ... but it is unlikely that anyone would employ her knowing that she has a bad back problem and that she has to
rest for over three hours every day and that she is in constant pain and is unable to sit for long periods."

The award consisted of £50,000 for special damages to the date of trial, £190,000 for loss of future earnings, £24,000 for loss of pension rights, pain and suffering to date of trial £80,000 and pain and suffering in the future £125,000. The Defendant appealed on the grounds that the damages for loss of future earnings and for pain and suffering were too high. The Supreme Court agreed and reduced the damages for loss of earnings to £168,000 and the damages for pain and suffering from £205,000 to £125,000 (reducing the overall award to £375,000).

The Court noted that in Connolly v Bus Eireann (1996) and Coppinger v Waterford County Council (1996), it was accepted that the maximum should be increased to £200,000, and in both cases the Plaintiff was awarded that amount for pain and suffering. But the injuries which they suffered were "very much more serious" than in the case of nurse Allen in the instant case. In particular, "she is capable of living an independent life apart from not being able to bend down ... None of her faculties is impaired." Without wishing to minimise the fact that the Plaintiff is suffering chronic back pain and is prevented by her condition from obtaining normal work, "the view of the Court is that when her situation is looked at in the light of the type of injuries which attract the maximum award of general damages, a fair and reasonable figure for her general damages is the sum of £125,000.

dermot_sheehan

Here you go

fmcdaid

thanks guys, most helpful

fmcdaid

hi,

does anyone know were you can fins unreported case and realy hard to find cases???


*R v. Bernier (1998) 119 CCC (3d) 467, aff’d (1998), 124 CCC (3d) 383.
The People (DPP) v. E.F., unreported, SC, 24 January 1994.
The People (DPP) v. Malloy, unreported, CCA, 28 July 1995
Hornsburgh v. R (1967) 63 D.L.R. (2d) 699
The People (DPP) v. Cornally, unreported, CCA, 7 November 1994
*R v. Williams [1985] A.C. 147; {should the citation be ->[1922] All ER Rep 433}
The People (DPP) v. F, Court of Criminal Appeal, Unreported, 27 May 1993.
The People (DPP) v. Gaffey, unreported CCA, 10 May 1991.
R v. Mayers (1872) 12 Cox CC 311

I can not find any of these??


Please help.

Regards,

fmcdaid

Tom Young

fmcdaid wrote: »

hi,

does anyone know were you can fins unreported case and realy hard to find cases???


*R v. Bernier (1998) 119 CCC (3d) 467, aff’d (1998), 124 CCC (3d) 383.
The People (DPP) v. E.F., unreported, SC, 24 January 1994.
The People (DPP) v. Malloy, unreported, CCA, 28 July 1995
Hornsburgh v. R (1967) 63 D.L.R. (2d) 699
The People (DPP) v. Cornally, unreported, CCA, 7 November 1994
*R v. Williams [1985] A.C. 147; {should the citation be ->[1922] All ER Rep 433}
The People (DPP) v. F, Court of Criminal Appeal, Unreported, 27 May 1993.
The People (DPP) v. Gaffey, unreported CCA, 10 May 1991.
R v. Mayers (1872) 12 Cox CC 311

I can not find any of these??


Please help.

Regards,

fmcdaid

You need access to a law library or perhaps www.justis.com ... Most of the cases above are unlikely to be easily found.