A Supreme Court decision yesterday has signalled that persons who exaggerate their claims in personal injuries actions may not be treated sympathetically by the courts.
In a two to one majority decision, the Supreme Court, while upholding an award of some €20,000 damages to a Dublin man arising from an incident where a bus drove into the rear of his jeep, directed that the man should pay to Bus Atha Cliath the costs incurred by the company through its having to fight the case in the High Court rather than the Circuit Court.
Claims deemed to be worth under €38,000 are generally brought before the Circuit Court.
According to legal sources, the effect of the decision is that Mr Conor O'Connor (35), of St Margaret's Avenue, Dublin, will now face a bill for costs which will exceed substantially the award of damages to him.
On the application of Mr Gerard Herlihy, solicitor for Bus Atha Cliath, the Supreme Court also directed that there would be no order for costs of the Supreme Court appeal, meaning both sides bear their own costs.
The proceedings arose after a bus owned by Bus Atha Cliath drove into the rear of Mr O'Connor's jeep, which was stationary at the time, on the Malahide Road, Dublin, on November 19th, 1996.
Mr O'Connor initiated legal proceedings in the High Court, where Bus Atha Cliath admitted liability, but challenged Mr O'Connor's claims as to the extent of the injuries he sustained in the accident. The company claimed Mr O'Connor had grossly exaggerated his injuries to the point that the claim was an abuse of process. It produced a video showing Mr O'Connor engaging in building work and ancillary activities.
In his High Court judgment last March awarding Mr O'Connor €20,431 damages (€15,000 general damages and €5,431 special damages), Mr Justice O'Donovan held Mr O'Connor had suffered a moderate injury due to the company's negligence.
He also said he had no doubt Mr O'Connor had grossly exaggerated the symptoms which he alleged he experienced as a result of the injuries.
However, the judge added, he was not persuaded that Mr O'Connor told deliberate lies. He believed Mr O'Connor was convinced that he believed everything he had told the judge.
"In other words, while I think that he is misguided and a lot of his problems, particularly his alleged ongoing problems, are a figment of his imagination, I think that basically he is an honest person."
Given that finding, the judge said he did not believe the exaggeration of the effects of the injuries amounted to an abuse of process. He awarded a total of €20,431 damages and costs on the Circuit Court scale to Mr O'Connor.
Bus Atha Cliath appealed against the judgment to the Supreme Court.
Yesterday, all three Supreme Court judges dismissed the appeal on the issues and upheld the High Court decision that Mr O'Connor was not deliberately dishonest.
However, while Ms Justice Denham also upheld the High Court decision on costs, Mr Justice Murray and Mr Justice Hardiman held that Mr O'Connor should pay Bus Atha Cliath the costs incurred by the company as a result of defending the case in the High rather than the Circuit Court.
