A judge in the Circuit Civil Court has adjourned the second hearing in a claim for personal injury compensation after he determines that the offer for compensation was too low.
When Harry Ryan, aged twelve, was playing on a local green in Swords late in 2012, he fell and badly cut himself on a piece of glass. He was then taken to the VHI Swiftcare Clinic, also located in Swords, and was administered eight stitches under local anaesthetic, as well as having steri-strips placed along his leg to help it heal.
As Harry was underage, he made a claim for compensation through his mother Ita against Fingal County Council. Negotiations proceeded between the parties, and a compensation settlement of €3,000 was decided upon without an admission of liability from the council. The case then proceeded to the courts, as a judge had final say to approve the settlement considering Harry was underage.
Yet when the case was heard at the Circuit Civil Court last month, the judge presiding the case – Mr Justice James O’Donaghue did not approve the settlement. He said that the amount was too low when Harry’s injury was taken into account, and adjourned the first hearing for a week to facilitate further discussions between the parties.
The second hearing was overseen by Mr Justice Raymond Goarke, who was informed that the settlement for compensation had been increased to €3,500. However, upon examining Harry’s scars from the event, he too deemed this too low an offer of compensation. Harry’s barrister informed Judge Goarke that there was a recent dismissal of a similar case in the High Court recently, and that he was aware that Fingal County Council would have a full defence ready should the case proceed there. Even so, the judge adjourned the case, saying that the settlement should in fact amount to €30,000. The case is expected to be heard later this month, if Harry’s legal team decide that the risk of being thrown out is outweighed by the possible increase in compensation.