Derry Daily
  • News
  • Entertainment
  • Sport
  • Features
  • Courts
  • Business
  • Health
  • Politics
  • Jobs
Sunday 16°CMonday 17°C

Derry Daily Derry Daily Derry Daily

  • News
  • Entertainment
  • Sport
  • Features
  • Courts
  • Business
  • Health
  • Politics
  • Jobs
CourtsDerry CityNews

Court rejects MoD’s appeal against Bloody Sunday compensation payout

February 6, 2020
ShareTweet

Bloody Sunday murder victim Bernard ‘Barney’ McGuigan

A Ministry of Defence (MoD) appeal against a decision to award the family of a man killed on Bloody Sunday an extra payment of £15,000 has been dismissed by the Court of Appeal.

Senior judges rejected claims that Bernard McGuigan’s relatives were not entitled to the aggravated damages for injury to his feelings.

The MoD argued against the payment because he died instantly.

Mr McGuigan was shot as he went to the aid of another man.

Thirteen people were killed and 15 wounded when members of the Army’s Parachute Regiment opened fire on civil rights demonstrators in Derry on Sunday 30 January 1972.

A 14th person later died of his injuries.

On Thursday, judges backed a finding that Mr McGuigan, a father-of-six, would have experienced fear and dread when members of the Parachute Regiment opened fire.

Lord Justice McCloskey said: “All of this conduct… was capable of generating in every person of normal mental fortitude in the area a reasonable apprehension of being shot or wounded.”

In 2010 the Saville Inquiry into the shootings established the innocence of all of the victims.

Those findings led to the then Prime Minister David Cameron issuing a public apology for the soldiers’ actions.

He described the killings as “unjustified and unjustifiable”.

Liability has been accepted by the MoD in legal actions taken against it by those bereaved or injured.

Court proceedings have centred on the level of damages in each case, with more than £3m in total paid out to date.

Mr McGuigan, known as Barney, was a painter and decorator.

He was shot at the Rossville Flats area as he went to the aid of 31-year-old Patrick Doherty, who was also shot dead on the day.

The 41-year-old had been waving a handkerchief or towel when he was hit by a bullet to the head, killing him instantly.

A claim by his estate was settled for £258,000.

A High Court judge then awarded a further £15,000 in aggravated damages.

He found that the soldier’s actions would have “filled the deceased with fear and dread, coupled with a strong sense of indignation and hurt at being the innocent victim of a blatant, unprovoked and unjust attack by members of the Army.”

The MoD went to the Court of Appeal to challenge the additional award, claiming it was wrong in law because Mr McGuigan’s death was instantaneous.

But counsel for his family insisted the payout was justified by the terror he experienced during the shootings.

Mr McGuigan had been sheltering behind a wall when he went out to try to offer help, clearly aware he was put himself in danger, the court heard.

Killed on Bloody Sunday: The victims

“That’s why he was waving the piece of towel as he went out,” the family’s barrister submitted.

Ruling on the appeal, Lord Justice McCloskey described the MoD’s case as unsustainable and affirmed the £15,000 compensation for aggravated damages.

He also made an award of costs of the hearing against the MoD.L

Court rejects MoD’s appeal against Bloody Sunday compensation payout was last modified: February 7th, 2020 by John

Tags:
Bernard McGuiganBloody SundayCOURT OF APPEALCourt rejects MoD's appeal against Bloody Sunday compensation payoutLord Justice McCloskeyMINISTRY OF DEFENCE
ShareTweet

LEAVE A COMMENT

You may also like

Man charged to court over Derry drugs...

15 hours ago

Rory Gallagher Festival gets green light for...

16 hours ago

Drink-driver charged to court over Derry collision

1 day ago

Man arrested over Class C drugs seizure...

1 day ago

Boyce hat-trick sends Derry City into seventh...

2 days ago

Dance company loses appeal over 100% annual...

2 days ago

Unmissable music events coming to the Abbey...

2 days ago

Derry priest faces seven more child sex...

2 days ago

New leaflet to help older people beat...

2 days ago

Man charged with possessing indecent images of...

2 days ago

Keep in touch

Facebook Twitter Email

Features

  • Sun, sea, spectacular views, historical charm and fabulous food. Tunisia of course

    April 5, 2024
  • Magical trip to see Santa from Belfast

    December 20, 2023
  • DD Travel Feature: Cork’s amazing The Montenotte Hotel

    April 18, 2023
  • Derry cancer survivor Noeleen McMorris reveals importance of awareness

    July 25, 2022
  • Competition! Win tickets to Northern Ireland v England Women’s Euro 2022 match

    June 17, 2022

Courts

  • Man charged to court over Derry drugs seizure

    July 6, 2025
  • Drink-driver charged to court over Derry collision

    July 5, 2025
  • Derry priest faces seven more child sex charges

    July 4, 2025
  • Man charged with possessing indecent images of children

    July 4, 2025
  • Two men in court after £1.2m cannabis find near border

    July 3, 2025

Donegal Daily

    Read More

    • News
    • Sport
    • Courts
    • Jobs
    • Features
    • Business
    • Politics

    Information

    • Contact Us
    • About
    • Advertise WIth Us
    • Privacy Policy
    • Disclaimer
    • Terms & Conditions
    Derry Daily

    © 2025 Derry Daily. All rights reserved.


    Back To Top

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.OkPrivacy policy