The Gazette 1996

JANUARY/FEBRUARY m >.

GAZETTE

Social Welfare (Charter of Rights) Bill 1995 This private member's Bill, as introduced by Mr Joe Walsh, TD, aims - to implement the recommendations of the Commission on Social Welfare and the National Economic and Social Forum in relation to the administration of social welfare payments.

a qualified insurer; (iv) to provide for an Assigned Risks Pool comprising all qualified insurers which can, in certain circumstances, provide the minimum level of professional indemnity insurance cover to solicitors who cannot obtain it from a qualified insurer; and (v) to provide for the maintenance by the Law Society of Ireland of an insurance record of the qualified insurer providing the minimum level of cover (or other indemnity cover) to each solicitor issued with a practising certificate who is required to have such cover. The Regulations came into operation on 1 December 1995. Sheila Flannery v. Margo Forbes Dean and Ors High Court (Costello P) [1995] 2 ILRM 393 Costs - Exercise of discretion - Plaintiff failed to act in a reasonable way - Unjust to ask the defendants to pay the plaintiff's costs Marian McKenna v. Best Travel Limited T/A Cypriana Holidays and Or High Court (Morris j) [1995] 2 ILRM 471 Discovery - Defendant company in liquidation - Plaintiff seeking to claim against defendant's indemnifiers - Identity of indemnifiers unknown - Plaintiff seeking to identify through discovery - Limits of discovery - Documents relating to any matter in question - Documents which would support or defeat an issue which arises in the existing action - Documents which enable the plaintiff to advance his case or damage the defendant's case - Civil Liability Act 1961, s. 62 - Rules of the Superior Courts 1986, O. 31, r. 12(1)

authority a consultative panel. The Order also provides for procedures, staffing arrangements and other related matters. The Order came into effect on 9 November 1995. 1971 (Designated Bodies) Order 1995 (SI No. 290 of 1995) This Order provides that the Minister for Transport, Energy and Communications and Coras lompair Eireann will be designated bodies for the purposes of s. 3(3) of the Local Government Services (Corporate Bodies) Act 1971. The Order came into effect on 9 November 1991. committee and Local Government Services (Corporate Bodies) Act

TAXATION

Finance Act 1994 (Commencement of s. 89(1)) Order 1995 (SI No. 279 of 1995) This Order appoints 27 October 1995 as the date for the coming into operation of s. 89(1) of the Finance Act 1994 which provides that bets placed on-course in respect of events taking place off- course are to be relieved of off-course duty.

TRUST

Powers of Attorney Bill 1995 This Bill has been passed by Seanad Eireann. (Cf. (1995) 13 ILT 204.)

TORT

Marian McKenna v. Best Travel Limited I/A Cypriana Holidays and Or High Court (Morris J) [1995] 2 ILRM 471 Damages - Personal injuries - Defendant Company in litigation - Plaintiff seeking to claim against defendant's indemnifiers - Right to maintain such an action - Civil Liability Act 1961, s. 62

WARDSHIP

In the Matter of a Ward of Court Supreme Court (Hamilton CJ, O'Flaherty, Egan, Blayney and Denham JJ) [1995] 2 ILRM 401 Jurisdiction of High Court in relation to affairs of persons of unsound mind - Parens Patriae jurisdiction formerly exercised by Lord Chancellors in Ireland - Onus of proof - Standard of proof - Court placing itself in the position of a reasonable and responsible parent when making a decision in respect of ward - Wishes of ward's committee and family a relevant factor but not decisive - Welfare, well-being and interests of the ward as first and paramount consideration to be taken into account by court - Jurisdiction of court subject only to provisions of Constitution - Courts of Justice Act 1924, s. 19(1) - Courts of Justice Act 1936, s. 9(1) - Courts (Supplemental Provisions) Act 1961, s. 9

TRANSPORT

Dublin Office (Establishment) Order 1995 (SI No. 289 of 1995) This Order establishes, under the Local Government Services (Corporate Bodies) Act 1971, an Office to provide services relating to land use and transportation planning in the Dublin area.. The Order provides that the business of the Office will be conducted by a Steering Committee appointed by the Minister and it also provides for a local Transportation

SOCIAL WELFARE

Pensions (Amendment) Bill 1995 This Bill, as presented by the Minister for Social Welfare, aims to make a number of amendments (mostly of a technical nature) to the Pensions Act 1990.

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