State (Keegan & Lysaght) v Stardust Victims Compensation Tribunal

• Jurisdiction: Ireland
• Judgment Date: 01 January 1987
• Date: 01 January 1987
• Docket Number: [1986 No. 271 SS]
• Court: Supreme Court

(H.C., S.C.)

The State (Keegan and Lysaght)

and

Stardust Victims Compensation Tribunal

Tribunal established to award compensation to victims of fire - Claimant and his wife seeking compensation for nervous shock - Both claims arising out of similar circumstances - Tribunal awarding compensation to wife but not to claimant - Whether decision unreasonable or irrational - Test to be applied.Judicial review - Prohibition - Difficulties experienced by legal advisor in advising clients and obtaining medical reports - Order sought to prevent Tribunal hearing claims - Whether proper ground for issuing prohibition.

The respondent Tribunal was established by virtue of a scheme set up by the Government to award ex gratia compensation in respect of personal injury and loss attributable to a fire at the Stardust dancehall in Artane. County Dublin in 1981. The first prosecutor and his wife submitted claims to the Tribunal in respect of the deaths of two of their daughters in the fire (as dependants of those two people) and separate claims on their own behalf for damages for nervous shock suffered by them as a result of the deaths of their daughters and the serious injuries sustained by a third daughter in the fire. Neither the prosecutor nor his wife suffered any physical injuries in the fire. At the hearing of the claims it was agreed between the parties and accepted by the Tribunal that the nervous shock claims should be adjudicated upon in accordance with the principles enunciated by the House of Lords in McLoughlinv....