Thursday 24 August 2017

€15k for dad and daughter held in store

James and Michelle Hennessy. Photo: Collins Courts
James and Michelle Hennessy. Photo: Collins Courts

Tim Healy

A father and daughter have been awarded €15,000 damages after the High Court found they had been falsely imprisoned and accused of not paying for all the items they got in a supermarket.

James Hennessy, of North Circular Road, Dublin, and Michelle Hennessy, of Dunard Avenue, Dublin, sued Iceland Stores Ireland Ltd over the incident at its Maple Centre, Navan Road shop, on March 6, 2014.

They were awarded €15,000 in the Circuit Court for defamation and false imprisonment. Iceland appealed the decision.

High Court president Mr Justice Peter Kelly found they were "entirely innocent" and had been falsely imprisoned on an entirely mistaken basis.

While dismissing the defamation aspect of the claim because it was not published to third parties, the amount awarded appeared to be commensurate with what had happened.

The court heard the Hennessys had gathered items in their hands before going up and paying for them.

They bought two plastic bags to put them in. As they headed to the exit, two shop assistants approached, and they were told "a couple of items had not been paid for". One assistant stood outside the exit while the other stood beside the Hennessys inside.

Mr Hennessy said they had a receipt and all had been paid for. Ms Hennessy started removing all the items from the bags. Her father asked to see the manager, who eventually arrived and apologised.

Mr Justice Kelly said there was no doubt the Hennessys were prevented from leaving the store by one member of staff standing outside and another inside.

Irish Independent

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