O'Brien v Minister for Finance (No. 2)

JurisdictionIreland
Judgment Date31 July 1946
Date31 July 1946
CourtSupreme Court
O'Brien v. Minister for Finance. (No. 2).
In re THE GÁRDA gárda SÍOCHÁNA síochána (COMPENSATION) ACTS, 1941, and 1945. ANNIE O'BRIEN and EITHNE ANNE O'BRIEN and FIONA MAIRE O'BRIEN, Infants suing by their mother and next friend, the said ANNIE O'BRIEN
Applicants
and
MINISTER FOR FINANCE, Respondent (No 2)

Malicious injury - Compensation - Civic Guard murdered - Claim for compensation by dependants of the deceased - Compensation assessed under the Gárda Síochána (Compensation) Act, 1941 - Application by dependants for re-assessment of compensation under Gárda Síochána (Compensation) (Amendment) Act, 1945 - Effect of amendments of Act of 1941 by the Act of 1945 considered - Assessment of "any loss (other than financial loss) sustained by the applicant" - Gárda Síochána (Compensation) Act, 1941 (No. 19 of 1941) s. 10, sub-s. 1 (a) - Gárda Síochána (Compensation) (Amendment) Act, 1945 (No. 1 of 1945) ss. 1, 2, 3.

A member of the Civic Guard having died from injuries maliciously inflicted on him in the course of his duties, an application was brought in 1943 On behalf of his widow and children for compensation under the Gárda Síochána (Compensation) Act, 1941. Maguire P., who heard the application, stated a case for the determination by the Supreme Court of questions of law involving the principles to be applied, and the factors to be taken into account, by the Court in the measurement of compensation under the Act.

The Supreme Court accordingly laid 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-assessment of the compensation that had previously been awarded to them.

By s. 2, sub-s. 1, of the Act of 1945, in assessing compensation under s. 8, sub-s. 1, of the Act of 1941, no account is to be taken of any property to which an applicant has become entitled by reason of the death of the deceased. Accordingly it was held that the amount of compensation previously awarded must be increased by the value of such property, since the value of such property had been deducted when fixing the total amount of compensation previously awarded. Further, certain increases in the basic pay of the members of the Gárda Síochána and additions to the Emergency Bonus since the previous assessment was made, must also be taken into consideration.

Under s. 2, sub-s. 2, par. (iv) of the Act of 1945, in fixing the amount of compensation, regard is to be had "to any loss (other than financial loss) sustained by the applicant."

Held that this provision would not allow full compensation in the ordinary sense to be awarded, and therefore such an element as the shock which the widow received as a result of her husband's death could not be considered, but the effect of the shock upon her health could be taken into account. Further, that the Court could award compensation for the loss to the applicants: in the case of the widow for the loss of her husband, and in the case of the children for the loss of their father, and in the case of both for the break-up of the home and the loss of parental guidance, help, and other advantages.

Application under s. 3 of the Gárda Síochana (Compensation) (Amendment) Act, 1945, (1) for re-assessment of compensation already awarded under s. 8, sub-s. 1, of the Gárda Síochána (Compensation) Act, 1941, in respect of the death of Detective Sergeant Denis O'Brien who was murdered near his home at Ballyboden, Rathfarnham, Co. Dublin, on the 9th September, 1942, in the course of his duties as a member of...

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5 cases
  • Callanan v Minister for Finance
    • Ireland
    • High Court
    • 6 Diciembre 2000
    ...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 IR 543 CIVIL LIABILITY ACT 1961 MCKINLEY V......
  • Murphy v Minister for Public Expenditure and Reform
    • Ireland
    • High Court
    • 21 Julio 2015
    ...by the dependants of Detective O'Brien under the provisions of the Act of 1945. See O'Brien v. The Minister for Finance (No. 2) [1946] I.R. 314. Whilst in the view of Maguire J. the legislature had deliberately refrained from enacting that full compensation should be given, thereby excludi......
  • O'Looney v Minister for the Public Service
    • Ireland
    • Supreme Court
    • 15 Diciembre 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] 1 Lloyd's Rep. 183. Garda Síochána - Personal injuries -......
  • Reid v Min Finance
    • Ireland
    • High Court
    • 29 Julio 1996
    ...UNREP SUPREME 15.12.86 1986/7/ 1454 REDDY V BATES 1983 IR 141 GARDA SIOCHANA (COMPENSATION) ACT 1941 S10 O'BRIEN V MIN FOR FINANCE (NO 2) 1946 IR 314 O'CONNELL V TIPPERARY CO COUNCIL 1921 2 IR 103 CRIMINAL INJURIES ACT 1919 BUTTERWORTH V BUTTERWORTH 1920 P 126 REGAN V WILLIAMSON 1976 1 WLR ......
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