The High Court in Belfast has ruled that the Ministry of Defence (MoD) must pay full interest on a damages award to the family of a Bloody Sunday victim. The decision, delivered by Mr Justice Rooney on 15 September 2026, rejected the MoD's application to limit or refuse interest due to alleged delay in bringing the case to trial.

The case concerned the estate of Daniel McGowan, who died in the events of 30 January 1972 in Derry. His personal representatives had sued the MoD, and on 30 April 2026, the court awarded a total of £275,000: £175,000 for general damages, including personal injuries, psychiatric injury, injury to feelings, and aggravated damages; and £100,000 for special damages (pecuniary loss) as agreed between the parties. The court had directed that the general damages would attract interest from the date of service of the writ at the usual rate of 2% per year.

Following the judgment, the MoD made an application for the court to exercise its discretion not to award interest for the entire period, citing alleged unjustifiable delay by the plaintiffs in prosecuting the claim. The MoD initially argued that interest should only run until April 2021, which it incorrectly stated was the date of the last contested Bloody Sunday case (Deery v MoD). However, the plaintiffs pointed out that subsequent cases, including Donaghy v MoD and O'Donnell v MoD, were decided later. The MoD then shifted its position, arguing that no interest should be awarded because pleadings closed in November 2016 and no explanation had been given for the delay.

Mr Justice Rooney found that the burden of proving unjustifiable delay rested with the MoD, and it had failed to discharge that burden. He noted that a detailed chronology provided by the plaintiffs showed numerous attempts to list the case, frustrated largely by the unavailability of defence witnesses, and that the Covid-19 pandemic also contributed to delays. The judge also criticised the MoD for failing to engage with the chronology and for making unsubstantiated assertions.

Regarding the aggravated damages of £25,000, the MoD argued that because the figure was agreed before judicial determination, it should not attract interest. The judge rejected this, stating that the fact of agreement did not exclude interest for the relevant period.

The court concluded that interest at 2% per year would be payable on the general damages and aggravated damages from the date of the writ of summons (16 June 2014) to the date of judgment. The plaintiffs were also awarded the costs of the application.