Michael McDowell (Dublin South East, Progressive Democrats)

As I understand it, it has always been the rule, except in defamation cases, that juries should be given directions as to all of their functions, including the assessment of damages. When personal injury cases were decided by juries, it was the case that they were given directions by the courts how they should approach the issue of awarding damages.

I am trying to achieve rationality in this provision. If it is possible for the Supreme Court to reverse a jury's verdict on the basis that it was excessive, it must be possible for a High Court judge to warn jurors in terms that will save them from having their award reversed.