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McKinley v Ministry of Defence

Research output: Chapter in Book/Report/Conference proceedingChapter in a book

Original languageEnglish
Title of host publicationNorthern/Irish feminist judgments
Subtitle of host publication Judges’ troubles and the gendered politics of identity
EditorsAoife O'Donoghue, Julie McCandless, Mairead Enright
Place of PublicationOxford
Publisher or commissioning bodyHart Publishing
Pages495-506
Number of pages12
ISBN (Print)9781509908936
DateAccepted/In press - 20 Aug 2015
DatePublished (current) - 9 Feb 2017

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.

    Research areas

  • Feminism, Consortium, Tort

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    Rights statement: This is the author submitted manuscript (pre-print). The final published version (version of record) is available online via Hart Publishing at http://www.bloomsburyprofessional.com/uk/northern-irish-feminist-judgments-9781509908936/. Please refer to any applicable terms of use of the publisher.

    Submitted manuscript, 240 KB, PDF document

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