The mother of a child who lost her action for damages against a school, where it was alleged she was bullied by fellow pupils, faces a bill for the school's costs which could exceed €80,000 following a High Court decision yesterday. However, the case may be appealed to the Supreme Court.
Nicola Mulvey, now aged 10 and suing via her mother, Mrs Margaret Mulvey, of Ashwood Avenue, Clondalkin, Dublin, brought the action against Scoil Nano Nagle, Bawnogue, Clondalkin, where she was a pupil for a time.
She claimed damages for personal injuries allegedly suffered on June 25th, 1998, when, it was claimed, she had to be hospitalised after being assaulted and kicked by a number of fellow pupils in the school yard.
The school denied the claims, and said it was aware of bullying and had put measures in place to counter it.
In a reserved judgment in March, Mr Justice Johnson dismissed the claim. He said he found the school witnesses' account of a number of events more reliable than the account given by Mrs Mulvey and Nicola.
Yesterday, counsel for the defendants applied for their costs. However, Mr Richard McDonnell SC, for the Mulveys, asked the judge to exercise his discretion on costs.
He said that Mrs Mulvey - a widow - was unemployed, and that Nicola was an only child.
Mr Justice Johnson said the Supreme Court had made it clear [in another case\] that "costs follow the event". He would make an order for costs, but said he was urging the defendants to exercise their discretion.
On the application of Mr McDonnell, he allowed a stay on the order for costs in the event of an appeal.
When giving judgment in the action, the judge said that having considered the evidence, he was satisfied the incident did not occur as described by Mrs Mulvey, and that the injuries alleged to have been suffered by Nicola were not suffered.
Any incident which may have taken place did not result in the alleged personal injuries, and was certainly not the result of any negligence or breach of duty by the school.