research

McKinley v Ministry of Defence

Abstract

This is a re-imagined feminist judgment of the Irish Supreme Court in McKinley v Ministry of Defence [1992] 2 IR 33 which extended the right to bring an action for loss of consortium to a wife in relation to injuries sustained by her husband. Previously, the action could only be brought by a husband in relation to injuries sustained by his wife. While my judgment concurs with this outcome I offer an analysis which seeks to balance a need to compensate for losses practically incurred with a concern to erase from law the patriarchal traces of this old cause of action

    Similar works