The Gazette 1996

raAZETTE

MARCH 1996

to declare removal of child from State unlawful in circumstances where it had not made a decision relating to its custody - Jurisdiction of District Court to make declaration that removal of child from State unlawful - Child Abduction and Enforcement of Custody Orders Act 1991, s. 34(1) - European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children and on Restoration of Custody of Children 1980, article 12 Sea Fisheries (Control of Catches) Order 1985 (Amendment) Order 1996 (SI No. 6 of 1996) This effect of this Order is to make any infringement of Council Regulations 2847/95 and 2870/95 an offence in so far as these regulations relate to the State including the exclusive fishery limits of the State. These Council Regulations provide for the implementation of new control arrangements for designated fishing areas including Irish exclusive fishing waters and the area known as the Irish box. From 1 January 1996, vessels over a certain size are required to report entry to and exit from designated fishing areas in accordance with the procedures laid down in the regulations. (Amendment) Bill 1995 This Bill has been passed by Dáil Éireann. (Cf. (1996) 14 ILT 25.) European Communities (Monitoring of Temperature in the Means of Transport, Warehousing and Storage of Quick-frozen Foodstuffs and Sampling Procedure and Methods of Analysis for Control of the Temperatures of Quick-frozen Foods Intended for Human Consumption) Regulations 1995 (SI No. 370 of 1995) The purpose of these Regulations is to give effect to Commission Directive 92/1/EC (of 13 January 1992) on the monitoring of temperatures in the means of transport, warehousing and FISHERIES HEALTH AND SAFETY Voluntary Health Insurance

Local Government (Water Pollution) Act 1977 (Commencement) Order 1996 (SI No. 18 of 1996) This Order brings s. 34 of the Local Government (Water Pollution) Act 1977 into operation with effect from 22 January 1996. The effect of this is to repeal the Rivers Pollution Prevention Acts 1876 and 1893. R.F. v. M.F. Supreme Court (Finlay CJ, Henchy and Hederman J)) [1995] 2 ILRM 572 Husband and wife - Presumption of advancement - Promise by wife that she would reside with husband if house put into joint names - Conveyance of property into joint names of husband and wife - Purchase price supplied by husband - Subsequent refusal of wife to reside with husband - Claim by wife that entitled to beneficial half share in house by virtue of conveyance - Rebuttal of presumption of advancement - Husband would not have agreed to purchase house without promise by wife that she would reside there with him - Wife could not cast aside promise and take benefit of convayance Husband and wife - Undue influence - Delay - Conveyance of farm by wife to husband expressed to be in consideration of natural love and affection - In reality a conveyance for valuable consideration - Agreement by husband to take over wife's liabilities in respect of farm - Legal advice received by wife - Delay by wife in asserting claim of undue influence C. v B. Supreme Court (Hamilton C|, Blayney and Denham J)) [1996] 1 ILRM 63 Custody - Child abduction - Removal of child from State by its mother - Custody of child granted to father in District Court - Application in High Court by father for declaration that removal of child was unlawful - Whether High Court had jurisdiction EQUITY FAMILY

storage of quick-frozen foodstuffs intended for human consumption and Commission Directive 92/2/EEC (of 13 January 1992) laying down the sampling procedure and the Community method of analysis for the offical control of the temperatures of quick frozen foods intended for human consumption.

INTELLECTUAL PROPERTY

Trade Marks Bill 1995 This Bill has been amended in the Select Committee on Enterprise and Economic Strategy. (Cf. (1996) 14 ILT 26.)

LOCAL GOVERNMENT

Kenny Homes & Co. Limited v. Galway City and County Manager and Or High Court (Blayney J) [1995] 2 ILRM 586 Planning and development Resolution of Galway Corporation that county manager should be directed to grant outline planning permission for proposed development - Resolution not drafted so as to allow planning authority to consider whether conditions should be attached to outline permission - Duty of county manager to obey terms of resolution - Inability of county manager to impose conditions on planning permission where planning authority has passed resolution directing him to grant permission - Resolution that county manager should be directed to grant permission not an appropriate means by which local authority could perform planning functions - Failure of planning authority to consider objections - City and County Management (Amendment) Act 1955, s. 4 - Local Government (Planning and Development) Act 1963, s. 26

PRACTICE AND PROCEDURE

Michael Mayor, Aldermen and Burgesses of the City of Limerick High Court (Finlay P) [1995] 2 ILRM 561 Dismissal of proceedings for want of Rainsford v.

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