The Gazette 1996

APRIL/MAY 1996

GAZETTE

P.B. v. A. L. High Court (Costello P) [1996] 1 ILRM 154 Case stated - Child born to parents who were not married - Marriage of child's mother to another man - Application by mother and her husband to Adoption Board for an adoption order in respect of child - Application in District Court by father seeking to be appointed guardian of child - Subpoena duces tecum served on board - Whether board could claim privilege in respect of documents and records - Adoption Act 1976, s. 8 Robert McQuillan and Or v. James Austin Maguire and Or High Court (Costello P) 10 November 1995 Judgment mortgage registered over property - Debtor's wife issued proceedings claiming entire beneficial interest in property - Consent order made to that effect - Whether order had been obtained by collusion in attempt to defraud creditors - Whether actual intention to defraud had to be established before order could be made FISHERIES Fisheries (Amendment) Act 1995 (Southern Regional Fisheries Commission) Order 1996 (SI No. 51 of 1996) This Order provides for the establishment of a Commission to carry out certain functions of the Southern Regional Fisheries Board. The Order came into operation on 23 February 1996 and will remain in force until 22 February 1997. HEALTH AND SAFETY Voluntary Health Insurance (Amend- ment) Act 1996 The Voluntary Health Insurance (Amendment) Bill 1995 has been passed by both Houses of the Oireachtas and been signed into law by the President. (Cf. (1995) 13 ILT 306.) Irish Medicines Board Act 1995 (Commencement) Order 1996 (SI No. 40 of 1996) This Order brought the Irish Medicines Board Act 1995 into operation on 19 February 1996 insofar as provided for in ss. 4(1 )(a), (b), (c) and 35 of that Act. Medical Preparations (Wholesale Licences)(Amendment) Regulations 1996 (SI No. 41 of 1996)

These Regulations provide for the transfer from the Minister for Health to the Irish Medicines Board of the authority to grant wholesale licences and related matters. The Regulations came into operation on 19 February 1996. Medical Preparations (Licensing of Man u f a c t u r e) ( Am e n d m e n t) Regulations 1996 (SI No. 42 of 1996) These Regulations provide for the transfer from the Minister for Health to the Irish Medicines Board of the authority to grant manufacturers licences and related matters. The Regulations came into operation on 19 February 1996. Medical Preparations (Licensing and Sale) Regulations 1996 (SI No. 43 of 1996) These Regulations bring together in one instrument the provisions of the Medical Preparations (Licensing, Advertisement and Sale) Regulations 1984 - 1994. They provide for a licensing scheme for human medicines and related matters as required by Council Directive 65/65/EEC (of 26 January 1965) as amended and, insofar as homeopathic medicines are concerned, Council Directive 92/72/EEC (of 22 September 1992). The Regulations also provide that the authority to licence human medicines, heretofore exercised by the Minister for Health, shall be exercised by the Irish Medicines Board. The Regulations came into operation on 19 February 1996. (Fees) Regulations 1996 (SI No. 44 of 1996) These Regulations provide for the payment of fees to the Irish Medicines Board pursuant to s. 13 of the Irish Medicines Board Act 1995. The Regulations came into operation on 19 February 1996. INTELLECTUAL PROPERTY Trade Marks Bill 1995 This Bill has been passed by Dáil Éireann. (Cf. (1996) 14 ILT 26.) Phonographic Performance (Ireland) Ltd v. Controller of Industrial and Commercial Property and Or and Phonographic Performance (Ireland) Ltd v. Controller of Industrial and Commercial Property and Ors Supreme Court (Hamilton CJ, Egan and Blayney JJ) [1996] 1 ILRM 1 Copyright - Broadcast and public performance of published sound recordings - Statutory right of copyright owner to equitable remuneration Irish Medicines Board

- Dispute as to amount of equitable remuneration - Dispute referred to controller of Patents, Designs and Trade Marks - Jurisdiction of controller to adjudicate on dispute - Whether controller had jurisdiction to fix equitable remuneration in respect of sound recordings to take place in the future - Payment of equitable remuneration to copyright owner not a condition precedent to use of sound recording - Obligation to pay equitable remuneration arising only when sound recording has been used - Copyright Act 1963, ss. 17(4)(b), 17(5), 31(3), 32(1) Words and phrases - Remuneration - Payment for service rendered in the past LANDLORD AND TENANT Sylvester Riordan and Or v. Terry Carroll t/a Wyvern Gallery High Court (Kinlen J) 28 July 1995 Lease - Non-payment of rent - Tenant claimed premises were damp and cracked - Claim for loss of profits - Collateral agreement alleged by tenant - Not considered in Circuit Court - Admissability of evidence in appeal - No fresh consideration for collateral agreement - Document not allowed in evidence - Counterclaim for unliquidated damages NATIONALITY AND CITIZENSHIP Fatima Haroun Osman Kelly v. Ireland and the Attorney General High Court (Barron J) 12 December 1995 Judicial review - Family - Applicant born in Sudan - Applicant living in United Kingdom - Applicant refused permission to remain in United Kingdom - Applicant marrying Irish citizen - Applicant obtaining Irish passport - Minister for Foreign Affairs impounding applicant's Irish passport - Whether applicant Irish citizen - Whether applicant's marriage void - Irish Nationality and Citizenship Act 1956, s. 8 PRACTICE AND PROCEDURE Gerard Doran v. Tracey Power and Or and Tracey Power v. Kenneth Pierce and Or Supreme Court (O'Flaherty, Blayney and Denham JJ) [1996] 1 ILRM 55 Jurisdiction of the courts - Fatal injuries action - Collision between ships at sea - One defendant French

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