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Thread: High court award for damages against an individual, who pays?

  1. #1
    Dylan2010
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    Default High court award for damages against an individual, who pays?

    Just curious about the case below, in good RTE fashion and lazy reporting they left out or didnt clarify who is going to pay the damages. As it was €2.8m , I'd assume the individual concerned doesnt have that sort of money




    High Court awards woman €2.8m damages over rape - RT News




    Marcella Breslin from Killybegs in Co Donegal had sued Patrick Gillespie, 54, from Carrickmagrath, Ballybofey, Co Donegal, for the abuse which took place when she was aged between 12 and 16 years.

    Ms Breslin’s barrister asked the jury to try to come to a figure that reflected "the horror story" of her early life. "You are trying to put a price on a stolen childhood," the jury was told.

    ....Today the jury awarded the mother-of-three €2.8m in aggravated, exemplary and general damages.

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    Quote Originally Posted by Dylan2010 View Post
    Just curious about the case below, in good RTE fashion and lazy reporting they left out or didnt clarify who is going to pay the damages. As it was €2.8m , I'd assume the individual concerned doesnt have that sort of money




    High Court awards woman €2.8m damages over rape - RT News
    The person is liable. Usually in the case of personal injury their is an insurance company to pick up the tab.

    In this case their is obvious no insurance company or institution to pay.

    The women is unlikely to ever get a penny. She can take out a judgement and get paid whatever the man can afford in weekly instalments or take out a judgement mortgage on his property or sent the sheriff(if he has anything worth taking) around-all unlikely to recoup much.

    Rape victim wins €2.8m – but may never see a cent - National News - Independent.ie

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    Dylan2010
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    Quote Originally Posted by thegregster View Post
    The person is liable. Usually in the case of personal injury their is an insurance company to pick up the tab.

    In this case their is obvious no insurance company or institution to pay.

    The women is unlikely to ever get a penny. She can take out a judgement and get paid whatever the man can afford in weekly instalments or take out a judgement mortgage on his property or sent the sheriff(if he has anything worth taking) around-all unlikely to recoup much.

    Rape victim wins €2.8m – but may never see a cent - National News - Independent.ie
    thanks good answer, I didnt see that article. RTE seem to be doing her a disservice by not giving a fuller picture

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    Politics.ie Member damus's Avatar
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    Quote Originally Posted by thegregster View Post
    The person is liable. Usually in the case of personal injury their is an insurance company to pick up the tab.

    In this case their is obvious no insurance company or institution to pay.

    The women is unlikely to ever get a penny. She can take out a judgement and get paid whatever the man can afford in weekly instalments or take out a judgement mortgage on his property or sent the sheriff(if he has anything worth taking) around-all unlikely to recoup much.

    Rape victim wins €2.8m – but may never see a cent - National News - Independent.ie
    There could be a certain sense of satisfaction...in that if she registers the judgement....doesn't the ball start to roll....where all the other debtors also call in his debts?

    I presume that she'd be top to be paid....

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    Politics.ie Member statsman's Avatar
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    Can you please ask a mod to fix the spelling of 'court' in the thread title?
    Put a thief among honest men and they will eventually relieve him of his watch. Flann O'Brien

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    Do not forget her legal fees will have to be paid first. So if the person has no money she could be stuck with a big bill.

  7. #7

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    Quote Originally Posted by thegregster View Post
    The person is liable. Usually in the case of personal injury their is an insurance company to pick up the tab.

    In this case their is obvious no insurance company or institution to pay.

    The women is unlikely to ever get a penny. She can take out a judgement and get paid whatever the man can afford in weekly instalments or take out a judgement mortgage on his property or sent the sheriff(if he has anything worth taking) around-all unlikely to recoup much.

    Rape victim wins €2.8m – but may never see a cent - National News - Independent.ie
    Doesn't really matter what judgement she takes out against him as IF the home is in joint names its untouchable.

    In addition as mortgage holder has security then they will get the proceeds of any sale 1st and anythong left over goes to unsecured creditors which she will be.

    Likely he just goes into bankruptcy and debt dies.

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    I've very conflicted feelings about this unfortunate victim of rape and sexual abuse wish to make contact with the daughter she gave up for adoption as a fifteen years old and the probability that her daughter would then find out that her birth resulted from the rape of her biological mother.
    I'm adopted myself and assume I was adopted, like many other children born outside of marriage at that time, because of the immense difficulties and stigma associated with raising a child as a single mother when I was born and discovering otherwise would be difficult to absorb.

    A woman awarded a record €4m in damages against a man who raped and made her pregnant when she was a schoolgirl has revealed that she wants to be reunited with the daughter she gave away.
    €4m rape victim: I want my baby back - National News - Independent.ie
    Last edited by Limerick Lad; 23rd November 2012 at 12:06 PM.
    "You want fame? Well, fame costs. And right here is where you start paying........"

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    Politics.ie Member Eoin Coir's Avatar
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    If a person has no money ,he cant pay simple, so it is useless going after him. Some people have property, eg. Carrick against whom a woman had a big award made yesterday is reputed to have assets. Likewise woman in Sligo who went after killers of her husband will succeed in getting a good chunk of award as killer has assets too. I think it is worthless going after someone who has nothing, as it may cost the plaintiff money.

  10. #10
    Politics.ie Member statsman's Avatar
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    Quote Originally Posted by statsman View Post
    Can you please ask a mod to fix the spelling of 'court' in the thread title?
    Please.
    Put a thief among honest men and they will eventually relieve him of his watch. Flann O'Brien

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