The Gazette 1996

GAZETTE

APRIL/MAY 1996

Superior Courts 1986, O. 28, r. 1 Martin V. Ferris v. Michael Ward and Ward's Wholesale Meats v. Martin V. Ferris Supreme Court 7 November 1995 Application for interlocutory relief - Whether court should resolve conflict of fact and difficult issues of law at interlocutory stage - Assignment of guarantee - Whether purchaser of guarantee had also acquired debt secured by guarantee - Whether right to guarantee could be enforced when right to call on debtor vested in third party Woodfab Ltd v. Coillte Teoranta and Or High Court (Flood J) 11 August 1995 Discovery - Competition law - Application for further and better discovery - Principle applicable - Which document related to 'any matter in question in the action' - Whether category of documents to be produced was confined to those which would be evidence of matter in question Carmen Proetta v. Andrew Neil High Court (Murphy J) 17 November 1995 Security for costs - Neither party residing in the State - Plaintiff residing in Spain and a Spanish national - Effect of the Treaty of Rome - Discrimination on grounds of nationality prohibited - Defendant's claim for security for costs dismissed - Rules of the Superior Courts 1986, O. 29, r. 1 - Treaty of Rome, Article 7 Joseph Byrne v. Irish Transport and General Workers' Union High Court (Morris J) 30 November 1995 Notice of motion - Dismissal for want of prosecution - No explanation for delay of four years - Discretion of court - Principles to be applied - Whether there was inordinate delay - Whether defendant prejudiced by continuation of prosecution - Unfair Dismissals Act 1977 - Rules of the Superior Courts 1986 REAL PROPERTY Terence Doran and Or v. Michael J. Delaney and Company and Ors High Court (Hamilton CJ) 12 September 1995 Contract for sale of land - Planning permission covered land not owned by vendor - Remainder of area landlocked - Dispute with adjoining landowner prior to sale - Dispute not disclosed at sale - Misrepresentation -

Claim for damages

domiciled company - Jurisdiction of Irish High Court to hear action against French company - Proceedings issued pursuant to Jurisdiction Convention - Whether proceedings should have been issued pursuant to Collision Convention - French Company sued' along with Irish domiciled crew member who was on watch - Whether such tactic merely a device to enable the French company to be joined as a party to the action - International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision 1952, articles 1 (1), 3(3) - Convention on Jurisdcition and the Enforcement of Judgments in Civil and Commercial Matters 1968, articles 2, 6(1), 57 - Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988, Schedule 1 - Jurisdiction of Courts (Maritime Conventions) Act 1989 P.B. v. A. L. High Court (Costello P) [1996] 1 ILRM 154 Evidence - Privilege - Discovery - Subpoena duces tecum served on Adoption Board - Whether board could claim privilege in respect of its documents and records - Adoption Act 1976, s. 8 Clare County Council v. Gerard Mahon and Or High Court (Carroll J) 17 October 1995 Claim for arrears of water rates - Plaintiff unsuccessful in previous case where different defendant relied on charitable trust established in 1877 - Defendants in present case sought to rely on rights under same trust - Whether there was issue estoppel between parties - Whether mutuality between parties - Whether court in district appeal had jurisdiction to give judgment which would act as estoppel - Whether previous judgment was judgment in rem - Whether previous judgment could affect plaintiff's statutory duty to collect rates - Whether previous judgment prevented plaintiff's submission on statutory interpretation - Local Government (Financial Provisions) (No. 2) Act 1983, s. 8 Stanley Bell v. Winfried Pederson and Or High Court (Kinlen )) 29 May 1995 Amendment of pleadings - Plaintiff's proceedings for defamation - Plea that defamatory words published to four persons - Defence plea that pub- lication to one person privileged - Application to amend defance by pleading privilege in respect of all four persons - Whether amendment should be allowed—Rules of the

REFUGEES Refugee Bill 1995

This Bill has been amended in the Select Committee on Legislation and Security. (Cf. (1995) 13 ILT 307.)

SOCIAL WELFARE Social Welfare Bill 1996

This Bill aims to provide for increases in the rates of social insurance and social assistance payments and other variations in the social welfare system. TAXATION Finance Act 1994 (Designation of Urban Renewal Areas) Order 1996 (SI No. 55 of 1996) This Order declares certain areas in Bray, Clonmel, Cobh, Cork, Dublin, Sligo, Tralee and Wexford to be designated areas for the purposes of incentive tax reliefs for urban renewal provided for in the Finance Act 1994. With respect to these areas the qualifying period for the purposes of s.38(1) of the Act shall be from 1 August 1994 to 31 July 1997. Finance Act 1987 (Designation of Urban Renewal Areas) Order 1996 (SI No. 56 of 1996) This Order declares a certain area to be part of the Custom House Docks Area for the purposes of incentive tax reliefs for urban renewal provided for in the Finance Act 1986. With respect to these areas the qualifying period for the purposes of s.41 of the Act shall be from 21 June 1994 to 24 January 1999. This Order updates, clarifies and, where appropriate, prescribes the technical requirements: for the grant and renewal of various pilot licences and ratings; and , for the logging and crediting of flight time. They abolish the requirement for the senior commercial pilot licence (setting out the transitional arrangements for such abolition) and extend the duration of validity of the airline transport licence to 12 months for licence holders under 40 uears of age. The Order will come into operation on 1 June 1996. TRANSPORT Air Navigation (Personnel Licensing)(Amendment) Order 1996 (SI No. 50 of 1996)

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