The State (Hayes) v Criminal Injuries Compensation Tribunal

JurisdictionIreland
CourtHigh Court
Judgment Date01 January 1982
Date01 January 1982
(H.C.)
The State (Hayes)
and
Criminal Injuries Compensation Tribunal

Fatal injury directly attributable to a crime of violence - Whether decision of tribunal subject to judicial review -Whether tribunal entitled to reduce the gross loss suffered by the value of Social Welfare benefits payable - Whether tribunal acted contrary to natural justice in assessing the value of the benefits without giving prosecutix an opportunity of making submissions with regard to same - Whether tribunal should have considered the possibility of remarriage - Criminal Injuries Compensation Scheme, 1974 paras. 1, 2, 3, 4, 6, 15, 16, 25, 26.

The prosecutrix widow of an Aer Lingus employee killed by a bomb explosion sought compensation from the defendant for herself and on behalf of any other dependants of the deceased based on an actuarial report of the deceased's earnings and contributions to his dependants. The actuary was subsequently requested by the defendant to submit a figure in relation to the Social Welfare allowances payable to the prosecutrix which figure was eventually deducted by the defendant. The prosecutrix applied to make absolute a conditional order of certiorari quashing the award. Held, Any person claiming compensation from the...

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9 cases
  • Shatter v Guerin
    • Ireland
    • Supreme Court
    • 26 February 2019
    ...to act outside of statute, through administrative scheme for instance; see State (Hayes) v Criminal Injuries Compensation Tribunal [1982] ILRM 210 and Prendergast v The Higher Education Authority [2010] 1 IR 490. Further, the continuation in Article 52 of the Constitution of existing lega......
  • O'Connell v The Turf Club
    • Ireland
    • Supreme Court
    • 25 June 2015
    ...IEHC 67, (Unreported, High Court, Clarke J., 30 January 2009). In re Haughey [1971] I.R. 217. Hayes v. Crim. Inj. Comp. Tribunal [1982] I.L.R.M. 210. Hyland v. Dundalk Racing (1999) Limited [2014] IEHC 60, (Unreported, High Court, Hogan J., 19 February 2014). McDonald v. Bord na gCon [1965]......
  • T. A. (Minor Suing Through His Mother and Next Friend C. A.) v Minister for Justice and Equality and Others
    • Ireland
    • High Court
    • 14 November 2014
    ...in several cases without complaint in this respect being made: see the State (Hayes) v. Criminal Injuries Compensation Tribunals [1982] I.L.R.M. 210, the State (Creedon) v. Criminal Injuries Compensation Tribunal [1989] I.L.R.M. 104. 447 30 14.29. Another example of an administrative scheme......
  • State (Keegan & Lysaght) v Stardust Victims Compensation Tribunal
    • Ireland
    • Supreme Court
    • 1 January 1987
    ...give rise to liability for damages. Cases mentioned in this report:— The State (Hayes) v. The Criminal Injuries Compensation Tribunal[1982] I.L.R.M. 210. The King (Martin) v. Mahony [1910] 2 I.R. 695. McLoughlin v. O'Brian [1983] 1 A.C. 410; [1982] 2 W.L.R. 982; [1982] 2 All E.R. 298; [1982......
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