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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
Number of pages12
ISBN (Print)9781509908936
DateAccepted/In press - 20 Aug 2015
DatePublished (current) - 9 Feb 2017


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 Please refer to any applicable terms of use of the publisher.

    Submitted manuscript, 240 KB, PDF document


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