Leen v President of the Executive Council and Others

JurisdictionUK Non-devolved
Judgment Date01 January 1928
Date01 January 1928
CourtPrivy Council
S. C. J. C.
President of the Executive Council and others

Building destroyed - Building previously insured - Claim for compensation - Decree of County Court Judge - Legislation rendering decree or an appeal ineffective - Claim before the Compensation (Ireland) Commission - Award - Enforceability - Subrogation - Moneys voted by Parliament for payment of malicious injury awards - Claims against such moneys - Construction of Appropriation Acts - Action against Executive Council and Ministers - Estoppel -Declaratory judgments - Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 (No. 1 of 1922), Sch. I., Arts. 2, 54, 61, and 64 -Damage to Property (Compensation) Act, 1923 (No. 15 of 1923), ss. 1, 13, 15, 22 (2) - Ministers and Secretaries Act, 1924 (No. 16 of 1924). s. 1 (b) - Appropriation Act, 1924 (No. 34 of1924) - Treaty (Confirmation of Amending Agreement) Act, 1925 (No. 40 of 1925), Sch., Art. 3.

Plaintiff purchased in 1920 a castle in Kerry, with the surrounding lands, for £4,000, the price being stated to be so low by reason of the then disturbed state of the country. He insured the building for £9,500 against loss or damage by, inter alia, riot or civil commotion, under a Lloyd's policy, as from May 25th, 1921. The castle was maliciously destroyed on 27th May, 1921, and the plaintiff claimed £20,064 compensation under the Criminal Injuries Acts, and in October, 1921, the County Court Judge awarded him £4,000 compensation and £77 7s. 9d. costs. The plaintiff appealed, but the appeal had not been heard on May 12th, 1923, when the Damage to Property (Compensation) Act, 1923, was passed, which prohibited further steps being taken as regards the decree or the appeal. On 14th June, 1923, the plaintiff, in an action in the King's Bench Division in London, recovered judgment against Lloyd's underwriters for the sum of £9,500 and costs under the insurance. The underwriters having appealed from the said judgment, a compromise was effected in November, 1923, whereby the plaintiff received £5,000 from the underwriters in settlement of his claim. Pursuant to certain public notices, the plaintiff lodged a claim for compensation with the Compensation (Ireland) Commission, and on 1st May, 1924, the Commission reported in his favour for £4,000 compensation and £82 12s. 9d. for costs. The Minister for Finance having declined to pay the plaintiff this amount, the plaintiff brought an action against the President of the Executive...

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