The Gazette 1996

GAZETTE

JUNE 1996

ILT DIGEST OF LEGISLATION AND SUPERIOR COURT DECISIONS Compiled by DAVID BOYLE seeking interlocutory injunction to restrain publication of advertisement by defendant trade union advertisement explaining decision of members of defendant to take strike action - whether injunction pursuant to Regulations interlocutory or final - whether advertisement coming within definition of 'advertising' in Regulations - European Communities (Misleading Advertising) Regulations 1988, arts 2, 4 - Council Directive No. 84/450/EEC COMPETITION A. & N. Pharmacy Ltd v. United Drug Wholesale Ltd (Carroll J) 15 February 1996 Wholesalers controlling 90 per cent of market - refusing to supply plaintiff - plaintiff seeking interlocutory relief - whether interlocutory relief appropriate in the circumstances - Competition Act 1991, ss. 5, 6 aderreen) Nordstern Allgemeine Versicherungs AG and Ors (Carroll j) 31 July 1995 Plaintiff given liberty to serve summons outside jurisdiction pursuant to Rules of the Superior Courts - application set aside - plaintiff claiming in the alternative that summons could have been served under Lugano Convention - whether order found to have been made without jurisdiction could be allowed to stand on that basis - Rules of the Superior Courts 1986, O. 11(1)(e)(ii)(iii) CONSTITUTIONAL Bridget M. Roe v. The Blood Transfusion Service Board and Ors (Laffoy J) 14 February 1995 Administration of justice in public - plaintiff seeking to maintain proceedings under a fictitious name - desire to protect privacy - justice to be administered in public - no judicial discretion - case does not fall within statutory exceptions - court has no jurisdiction to allow plaintiff to prosecute case using fictitious name - 1 Ltd v. CONFLICT OF LAWS United Meat Packers (Ballagh-

application refused - Constitution of Ireland 1937, Article 34.1

ADMINISTRATIVE Irish Steel Limited Bill 1996

This Bill has been passed by both Houses of the Oireachtas. (Cf. (1996) 14 ILT 128.) Gary Brian McAuley v. Commissioner of An Garda Síochána (Supreme Court) 15 February 1996 Carda training - termination - procedure - failure, to comply with provisions of disciplinary code - breach of constitutional rights - breach of natural justice - breach of contract - applicant entitled to damages AGRICULTURE European Communities (Importation of Bovine Animals and Products Obtained from Bovine Animals from the United Kingdom) Regulations 1996 (SI No. 87 of 1996) These Regulations implement Com- mission Decision of 27 March 1996 on emergency measures to protect against bovine spongiform encephal- opathy (BSE) by prohibiting the importation from the UK of bovine animals and products originating from them. The Regulations came into operation on 28 March 1996. COMMERCIAL A. & N. Pharmacy Ltd v. United Drug Wholesale Ltd (Carroll J) 15 February 1996 Interlocutory injunction - plaintiff operating pharmacy in Limerick - defendant one of three drug wholesalers supplying pharmacies in Limerick - all three wholesalers refusing to supply plaintiff - defendant not satisfied with credit worthiness of plaintiff - plaintiff seeking injunction directing defendant to supply it - whether serious issue to be tried - balance of convenience - whether damages an adequate remedy Dunnes Stores Ltd v. Mandate (Hamilton CJ, Blayney and Denham J|) 19 January 1996 Mis-leading Advertisement Injunction - interim injunction - interlocutory injunction - plaintiff

CRIMINAL C.B. v.

Director Public Prosecutions (Budd J) 9 October 1995 Delay - Accused charged with rape and indecent assault of daughters - long delay between date of commission of alleged offences and trial - large number of counts in indictment - lack of specificity in dates of alleged offences - whether number of counts in indictment unfair similar fact evidence and multiplicity of charges - whether lack of specific dates a ground for prohibition - whether lapse of time such as to prejudice a fair trial Michael Barry v. District fudge William Early and the Director of Public Prosecutions (McCracken J) 17 January 1996 Delay - number of adjournments for service of book of evidence - prejudice or danger of prejudice to the defendant - accused entitled to have opportunity to prepare defence - prohibition order granted DAMAGES Olga Smith v. Rhone Poulenc Ireland Ltd (Flood )) 11 January 1996 Future loss of earnings - Personal injuries - assessment of damages - beautician - chronic back pain and depression consequent on accident - several accidents and back operation prior to accident - evidence of doctors and surgeons - whether plaintiff had vulnerable back - whether pain as a matter of probability likely to arise having regard to prior medical history whether condition directly attributable to accident - whether likely to resume ordinary reasonable standard of social, domestic and working activity - level of damages - factors to be taken into account in assessment of future loss of earnings Thomas Hughes v. Colm O'Flaherty and Anor (Carney J) 19 January 1996 Diminution in life expectancy - negligence - road traffic accident - personal injuries - assessment of 151 of

IRISH LAW TIMES, ICJNE 1996