Disabled man's claim sent to Lords on appeal

A NORTHERN IRELAND man's 10 year fight for compensation suffered a setback yesterday when his case was referred to the House …

A NORTHERN IRELAND man's 10 year fight for compensation suffered a setback yesterday when his case was referred to the House of Lords.

Mr Martin Maguire (33), from Abbey Drive, Church Road, Enniskillen, uses a wheelchair after breaking his back diving into the shallow end of the Lakeland Forum swimming pool in 1985.

Earlier this month the Appeal Court in Belfast decided by a 2-1 majority that he was entitled to compensation, without fixing an amount. But Fermanagh District Council has been granted leave to appeal to the Lords.

Mr Maguire's original compensation claim was dismissed by Lord Justice Carswell. But an appeal was upheld by the Lord Chief Justice, Sir Brian Hullon, and Mr Justice McCollum, although they assessed contributory negligence at 25 per cent.

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A dissenting judgment was delivered by Mr Justice Girvan.