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


D

Dylan2010

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.
 

thegregster

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Joined
Mar 13, 2012
Messages
3,350
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
 
D

Dylan2010

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
 

damus

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Joined
Jun 28, 2011
Messages
23,671
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....
 

statsman

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Feb 25, 2011
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56,230
Can you please ask a mod to fix the spelling of 'court' in the thread title?
 

cobhguy

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Jun 22, 2010
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680
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.
 
Joined
Aug 6, 2007
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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.
 

Limerick Lad

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Nov 17, 2006
Messages
4,609
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:

Eoin Coir

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Jun 16, 2012
Messages
16,632
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.
 

GJG

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Joined
Aug 10, 2006
Messages
3,111
Website
blog.hereshow.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.
You are confusing two separate issues here. The family home is basically untouchable, regardless of the ownership, because of the Family Home Protection Act, though this requires it to be the bona fide family home of both spouses, only one of whom is liable to the debt that has been created. I'm guessing that in many of these types of cases, the wife won't be hanging around with her serial rapist husband.

In the case of other property that is owned jointly, the creditor can take the portion that is owned by the debtor, though you are correct that there may be other creditors than the plaintiffs.

In cases like this, plaintiffs are likely to be careful of who they sue - there is no point in suing someone who hasn't the money to pay and few solicitors are likely to take on a case with a guarantee of no payday. They seem to have done their homework here.

I hope these women get every cent this guy has.
 
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