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5 N. Ir. Legal Q. 127 (1942-1943)
Locality of Policy Moneys

handle is hein.journals/nilq5 and id is 129 raw text is: NORTHERN IRELAND LEGAL QUARTERLY direct result of the original malicious act as to entitle the applicant to recover compensation for its results. It will be recollected that in Leyburn's case Andrews L.J. lays (town at the end of p. 68 that the value of goods looted may be recovered as consequential damages when their loss was directly occasioned by and consequent upon the commission of malicious injury. If the loss occasioned by a fresh supervening act of a criminal nature, for which the oppor- tunity was provided by the original malicious damage, can be regarded as sufficiently proximate and direct result of the original mnalicious act so as to entitle the injured party to compensation for the value of the goods stolen as conse- qtuential loss, then it would appear to me that the applicants in the present case must a /ortiori be entitled to claim to Ibe compensated for the damage to their property which was not committed, as in the case envisaged by Andrews LA., throu2h the intervention of subsequent wrongdoers, but was on the contrary the natural and probable - and indeed almost inevitable - result of the activities of the officers of a public service, The Fire Brigade, in carrying out the very duties for which that service was established. I am accordingly of opinion that on the authorities the Applicants are entitled to include in their claim for com- pensation the damage done to the door. There must there- fore be an award in their favour for the amount agreed upon-£20 13s 7d. Locality of Policy Moneys For Purposes o/ Estate Diag in Northern Ireland. Owing to the variety of circums'ances which may affect the determination of the question in particular cases, it is difficult to make any general statement as to the locality for Estate Duly purposes of moneys payable in respect of the proceeds of Policies of Life Assurance effected by persons resident in Northern Ireland with Companies the head offices of which are in Great Britain. Subject to this observation, the position, according to information supplied by the Ministry of Finance, is as follows t. Policy under Seal. The Policy moneys are situate at the place where the Policv itself is physically situate at the time of the death (.-t. Gen. v. Bouwens (1838) 4 M. & W.171 ; Commissioner of Stamps v. Hope (1891) A.C. 476, P.C. and In re Finance Act, 1894, and Deane (1936) I.R. 556). 127

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