Following an initial finding that Galway County Council acted ultra vires in destroying a horse owned by Mr. McDonagh in April 2018, the High Court considered whether damages were recoverable for this wrongdoing.

The Court found no public policy considerations to absolve the Council of their tortious actions, and proceeded to hear expert evidence from an auctioneer, valuer, bloodstock and livestock salesman on the issue of quantum.

The expert took the view that the horse in question was not an exceptional animal but outlined the difference in price attainable in the public and private markets. The Court ultimately awarded damages of €2,000 to McDonagh.

The principal judgment is available at: https://beta.courts.ie/view/judgments/9a062d57-3d3b-4044-b67e-b809348eb7d2/53cfd56e-ac0c-4ec0-bc83-110c37581396/2019_IEHC_304_1.pdf/pdf

The decision considering the issue of damages is available at: https://beta.courts.ie/view/judgments/cb55b0f3-d7d0-4f0a-8b16-0862fa79ede7/29d0730c-21ff-4780-b636-af948cfaacf3/2019_IEHC_717_1.pdf/pdf