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Damages reduced as against three defendants, where two had not appealed quantum

By: Mark Tottenham BL

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Supreme Court, in a supplemental judgment on appeal from the High Court in an action arising from alleged negligence in a cervical cancer screening programme: (a) grants an order reducing damages by €575,000 as against all three defendants, notwithstanding that two of the defendants had not appealed the quantum of damages awarded, on the grounds that the substance of the three appeals in reality gave rise to a single appeal; and (b) grants an order that two thirds of the costs of the appeal be awarded jointly and severally against all three appellants, and the remaining one third be awarded jointly and severally against two of the appellants.

Clarke CJ (nem diss): Supplemental judgment - death of plaintiff since delivery of principal judgment - appropriate form of order - costs - reduction in damages to be awarded - no appeal on quantum of damages - whether order from court required at all - whether appropriate for Supreme Court to exercise jurisdiction to reduce damages - whether to award costs jointly and severally.

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