McKinley v Ministry of Defence

Joanne Conaghan, Fergus Ryan

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

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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.
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
PublisherHart Publishing
Pages495-506
Number of pages12
ISBN (Print)9781509908936
Publication statusPublished - 9 Feb 2017

Keywords

  • Feminism
  • Consortium
  • Tort

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  • Cite this

    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/