O'Brien v Minister for Finance [Supreme Court.]

JurisdictionIreland
Judgment Date01 January 1944
Date01 January 1944
CourtSupreme Court
(S.C.),
O'Brien
and
Minister for Finance

Civic Guard murdered - Claim for compensation by dependants under Garda Siochana (Compensation) Act, 1941 -Assessment of compensation - Principles applicable - Factors to be taken into account - "Loss"- Whether limited to pecuniary loss - Garda Siochana (Compensation) Act, 1941 (No. 19 of 1941), s. 6, sub-s. 1 (a), s. 7, s. 8, sub-s. 1, s. 9. s. 10, sub-s. 3.

The Garda Siochana (Compensation) Act, 1941, provides, inter alia, for the granting out of public moneys of compensation to dependants and partial dependants of members of the Garda Siochana who die from injuries maliciously inflicted on them in the course of or in relation to the performance by them of their duties as members of the Garda Siochana. Sect. 8, sub-s. 1, of that Act, provides: —"Where the Judge hearing an application to the High Court for compensation under this Act in respect of the death of a deceased person is satisfied—(a) that this Act applies to the said death, and (b) that the applicant is a person to whom compensation under this Act may be granted in respect of the said death, and (c) that the applicant was wholly or partly dependent on the said deceased person, and (d) that the applicant had suffered loss by the said death, and (e) that the applicant is duly authorised by the Minister [for Justice] to make the application, the Judge shall award to the applicant compensation under this Act in respect of the said death and shall fix the amount of such compensation in accordance with this Act and shall order that the compensation so awarded and fixed shall be paid to the applicant by the Minister for Finance."Sect. 10, sub-s. 3, of the Act provides that the Court, in fixing the amount of compensation shall take into consideration the fact, if it is a fact, that the applicant is entitled to a pension, allowance, or gratuity out of public funds in respect of the death which is the subject of the application, but shall not regard the amount of such pension, allowance, or gratuity (if any) as a measure or standard by reference to which the amount of the compensation is to be fixed. A member of the...

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7 cases
  • Callanan v Minister for Finance
    • Ireland
    • High Court
    • 6 Diciembre 2000
    ...ACT 1836 GARDA SIOCHANA (COMPENSATION) ACT 1941 S8(1)(d) GARDA SIOCHANA (COMPENSATION) ACT 1941 S10(1) O'BRIEN V MIN FOR FINANCE (NO 1) 1944 IR 392 O'BRIEN V MIN FOR FINANCE (NO 2) 1946 IR 314 REID V MIN FOR FINANCE UNREP BUDD 29.7.1996 1996/14/4503 O'LOONEY V MIN FOR PUBLIC SERVICE 1986......
  • Murphy v Minister for Public Expenditure and Reform
    • Ireland
    • High Court
    • 21 Julio 2015
    ...Sergeant Denis O'Brien who had been murdered near his home on the 9th September 1942. See O'Brien and Others v. Minister for Finance [1944] I.R. 392. In that case the President of the High Court stated a case for determination by the Supreme Court of questions of law involving the principl......
  • O'Brien v Minister for Finance (No. 2)
    • Ireland
    • Supreme Court
    • 31 Julio 1946
    ...down the principles applicable and compensation was subsequently awarded in accordance with the decision of the Supreme Court (reported, [1944] I. R. 392). On the passing of the Gárda Síochána (Compensation) (Amendment) Act, 1945, the applicants applied under s. 3 of that Act for a re-asses......
  • O'Looney v Minister for the Public Service
    • Ireland
    • Supreme Court
    • 15 Diciembre 1986
    ...McLoughlin v. The Minister for the Public Service [1986] I.R. 361; [1986] I.L.R.M. 28. O'Brien v. The Minister for Finance (No. 1) [1944] I.R. 392. O'Brien v. The Minister for Finance (No. 2) [1946] I.R. 314. Parry v. Cleaver [1970] A.C. 1; [1969] 2 W.L.R. 821; [1969] 1 All E.R. 555; [1969]......
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