State (Keegan & Lysaght) v Stardust Victims Compensation Tribunal

JurisdictionIreland
Judgment Date01 January 1987
Date01 January 1987
Docket Number[1986 No. 271 SS]
CourtSupreme 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....

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534 cases
  • Holland v Governor of Portlaoise Prison
    • Ireland
    • High Court
    • 11 June 2004
    ...decision maker had relevant material before him was neither proper nor appropriate. The State (Keegan) v. Stardust Compensation Tribunal [1986] I.R. 642 and O'Keeffe v. An Bord Pleanála[1993] 1 I.R. 39 distinguished. Obiter dictum: In circumstances where it was assumed that the prisoner's r......
  • White v Dublin City Council
    • Ireland
    • Supreme Court
    • 10 June 2004
    ...in the judgment of Henchy J, with which the majority of the Court agreed, in The State (Keegan) v Stardust Compensation Tribunal [1986] I.R. 642 at page658: "I would myself consider that the test of unreasonableness or irrationality in judicial review lies in considering whether the impugn......
  • Holland v Governor of Portlaois Prison
    • Ireland
    • High Court
    • 11 June 2004
    ...(NO 2) 1997 2 IR 22 EAST DONEGAL CO-OPERATIVE LIVESTOCK MART LTD V AG 1970 IR 317 KEEGAN, STATE V STARDUST COMPENSATION TRIBUNAL 1986 IR 642 ASSOCIATED PROVINCIAL PICTURE HOUSES LTD V WEDNESBURY CORP 1948 1 KB 223 COUNCIL OF CIVIL SERVICE UNIONS V MIN FOR CIVIL SERVICE 1985 AC 374 STATE......
  • Chambers v an Bord Pleanála
    • Ireland
    • Supreme Court
    • 1 January 1992
    ...REGS 1989 349/1989 LOCAL GOVT (PLANNING & DEVELOPMENT) REGS 1990 25/1990 KEEGAN, STATE V STARDUST VICTIMS COMPENSATION TRIBUNAL 1986 IR 642 O'KEEFFE & ANOR V AN BORD PLEANALA UNREP SUPREME 15.2.91 1991/5/1137 CUSSEN, STATE V BRENNAN 1981 IR 181 EAST DONEGAL CO-OP V AG 1970 IR 317 LOCAL G......
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1 firm's commentaries
  • Judicial Review: Setting Aside Decisions For 'Unreasonableness'
    • Ireland
    • Mondaq Ireland
    • 8 May 2012
    ...and refined in tests set out in the respective Supreme Court decisions in The State (Keegan) v Stardust Compensation Tribunal [1986] I.R. 642 and O'Keeffe v An Bord Pleanala [1993] I.R. 39. In Ireland, therefore, the standard of review on the ground of unreasonableness is often referred to ......
7 books & journal articles
  • Judicial Review of the Decisions of the Director of Public Prosecutions
    • Ireland
    • Trinity College Law Review No. XIX-2016, January 2016
    • 1 January 2016
    ...in the performance of his statutory functions from the general constitutional 12 [2002] 3 IR 260, at 294. 13 [2002] 3 IR 260, at 276. 14 [1986] IR 642, at 658 [hereinafter State (Keegan) ]. 15 [2002] 3 IR 260, at 297. Trinity College Law Review [Vol 19 requirements of fairness and fair proc......
  • 'Anxious Scrutiny' in the Irish Courts: Too Little, Too Late?
    • Ireland
    • Hibernian Law Journal No. 8-2008, January 2008
    • 1 January 2008
    ...to satisfy a court that the decision-making authority has acted irrationally … so 19 [2000] 1 WLR 1855. 20 [2000] 1 WLR 1855, 1867. 21 [1986] 1 IR 642. 22 [1986] 1 IR 642, 658. 23 [1993] 1 IR 39. 24 [1993] 1 IR 39, 71. O'Connell:Layout 1 28/05/2009 15:55 Page 79 ‘Anxious Scrutiny’ in the Ir......
  • Citizenship Stripping, Fair Procedures, and the Separation of Powers: A Critical Comment on Damache v Minister for Justice
    • United Kingdom
    • Wiley The Modern Law Review No. 84-6, November 2021
    • 1 November 2021
    ...Court itself accepted that the views of the independent Committee in the53 The State (Keegan) vStardust Victims’Compensation Tribunal [1986] IR 642,658; Meadows vMinisterfor Justice [2010] IESC 3; [2010] 2 IR 701.54 Case C-135/08 Rottmann vFreistaat Bayern ECLI:EU:C:2010:10.55 Case C221/17 ......
  • The Focus of Ireland: Homelessness in the Courts - Fagan v Dublin City Council
    • Ireland
    • Hibernian Law Journal No. 19-2020, January 2020
    • 1 January 2020
    ...information available to the decision maker outside of the process, then it is lawfully made. he standard is one of unreasonableness. 15 [1986] IR 642. he principle espoused in this case states that the decision maker must not lagrantly reject or disregard fundamental reason or common sense......
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