McLoughlin v Minister for Public Service

• Jurisdiction: Ireland
• Judgment Date: 01 January 1986
• Date: 01 January 1986
• Docket Number: [1983 No. 350 Sp]
• Court: Supreme Court

Supreme Court

[1983 No. 350 Sp]

McLoughlin v. Minister for Public Service

Dolores McLoughlin, Niall Patrick McLoughlin, (an Infant),Ruth Valerie McLoughlin, (an Infant), Hilary Geraldine McLoughlin, (an Infant), Mark Anthony Joseph McLoughlin,(an Infant) suing by the said Dolores McLoughlin, their mother and next friend

Plaintiffs

and

The Minister for the Public Service

Defendant

Case mentioned in this report:—

Parry v. Cleaver [1970] A.C. 1; [1969] 2 W.L.R. 821; [1969] 1 All E.R. 555.

Gárda Síochána - Member of Gárda Síochána fatally injured in the course of his duty - Dependents' claim for compensation - Assessment - Whether court should take into consideration the value of the pension and gratuity payable to dependents by reason of the death of the deceased in the course of his duty from an unlawful act - Gárda Síochána (Compensation) Act, 1941 (No. 19), ss. 9, 10 - Gárda Síochána (Compensation) (Amendment) Act, 1945 (No. 1), s. 2.

Case Stated.

The plaintiffs brought an application to the High Court under the Gárda Síochána (Compensation) Acts, 1941-1945 for a decree of compensation against the defendant in respect of the death of Sergeant Patrick McLoughlin, the husband of the first plaintiff and the father of the other plaintiffs, as a result of being maliciously and unlawfully shot on the 9th April, 1983 in the course of his duties as a member of the Gárda Síochána. On the 4th October, 1984, the President (Finlay P.) at the request of the defendant, stated a case pursuant to s. 9 of the Gárda Síochána (Compensation) Act, 1941, in which he referred a certain question of law for determination by the Supreme Court.

The question so referred by the President was:— "As to whether in assessing the compensation payable to the plaintiffs I should have regard to the entire of the pension and gratuity now payable to them or whether I should have regard only to the extra amount of pension payable on the facts of this case by reason of the death of the deceased from an unlawful act in the course of his duty."

Section 9 of the Act of 1941 provides:— "The judge hearing an application to the High Court for compensation under this Act may, if he so thinks proper on his own motion or at the request of the applicant or of the Minister for Finance, state a case for the opinion of the Supreme Court on any question of law arising during the hearing of such application."

The submissions of the parties, concerning the question posed in the case stated, were heard by the Supreme Court on the 25th March, 1985.

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