This is a re-imagined feminist judgment of the Irish Supreme Court in McKinley v Ministry of Defence  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.
|Title of host publication||Northern/Irish feminist judgments|
|Subtitle of host publication||Judges’ troubles and the gendered politics of identity|
|Editors||Aoife O'Donoghue, Julie McCandless, Mairead Enright|
|Place of Publication||Oxford|
|Number of pages||12|
|Publication status||Published - 9 Feb 2017|
Conaghan, J., & Ryan, F. (2017). McKinley v Ministry of Defence. In A. O'Donoghue, J. McCandless, & M. Enright (Eds.), Northern/Irish feminist judgments: Judges’ troubles and the gendered politics of identity (pp. 495-506). Hart Publishing. http://www.bloomsburyprofessional.com/uk/northern-irish-feminist-judgments-9781509908936/