Breen v. Minister for Defence [1988] IEHC 25 (10 August 1988)

The Minister for Defence acted within statutory discretion in taking the entire compensation award into account for pension abatement under the Army Pensions Acts, and is not legally required to limit consideration to only part of the damages. No legal invalidity was shown in the Minister's decision-making process.

Citation: [1988] IEHC 25
Parties: Applicant: Daniel Breen; Respondent: Minister for Defence
Jurisdiction: Ireland
Judgment Date: 10 August 1988
Procedural Posture: Judicial Review / Final Judgment
Outcome: application refused
Legal Topics: Army Pensions, Ministerial Discretion, Compensation Offset, Judicial Review, Statutory Interpretation

Administrative Law Military Law Pensions Law Army Pensions Ministerial Discretion Compensation Offset Judicial Review Statutory Interpretation

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 6

Parties

Daniel Breen

Applicant

Minister for Defence

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Minister for Defence lawfully exercised discretion to terminate the applicant's disablement pension after award of civil damages
2 Whether compensation received in civil proceedings can be taken into account in abating or terminating a pension under the Army Pensions Acts
3 Whether only part of the damages award (future loss of earnings) should be considered for pension abatement

Ratio Decidendi

Court Disposition

application refused

Orders

Refusal of Orders of Certiorari, Mandamus and other relief as sought by the Applicant