The Gazette 1996

GAZETTE

JUNE 1996

damages - principles to be applied - - whether the plaintiff's lack of awareness of his condition should lead to a nil or nominal award under the heading of general damages Kathleen O'Sullivan v. Ann Sherry and Anor (Hamilton CJ, O'Flaherty and Blayney ))) 2 February 1996 Appeal to Supreme Court plaintiff injured in road traffic accident - defendants admitting liability - High Court awarding damages - whether award excessive - whether trial judge must give reasons for preferring the evidence of one witness over that of another Anne Kelly v. Fergus Hennessy (Supreme Court) November 1995 Negligence - road traffic accident - High Court appeal - nervous shock suffered by relatives of victims - proximity to accident - whether illness precipitated by accident or its aftermath - whether the respondent had failed to mitigate her loss - whether trial judge was correct in his findings based on the evidence - whether award of damages was excessive in the circumstances Nicola Connolly v. Bus Éireann/lrish Bus and Ors (Barr J) 29 January 1996 Pedestrian crossing road having alighted from bus - car travelling at speed - grievous personal injuries - car at all times on own side of road - contributory negligence assessed at 50 per cent DEFAMATION John Murphy v. Dow Jones Publishing Company (Europe) Inc. Flood J) 11 January 1995 Defamation proceedings - defendant claimed qualified privilege - Act afforded privilege to 'fair and accurate' report of court proceedings made without malice - defendant sought to have issue determined as preliminary issue by judge sitting without jury - whether determination of 'fair and accurate' was a matter of fact or law - whether if matter of fact and opinion should be left to the jury - Defamation Act 1961, s.24 - Rules of the Superior Courts 1986, O. 25, r. 1 EMPLOYMENT Minister for Transport Energy and Communications v. Catherine Campbell and Ors (Keane J) 29 January 1996 Judicial review - determination of

Labour Court that respondents employed in like work and therefore entitled to same remuneration as comparator - appellant claimed comparator had been red circled and was thus being remunerated differently on grounds other than sex as permitted by the legislation - Labour Court found that appellant had not satisfied them that all parties to the red circling arrangement were fully aware of the circumstances which brought it into operation - whether Labour Court had erred in law in adding this pre-condition - Anti- Discrimination (Pay) Act 1974, s. 3(2) ENERGY Fuels (Petroleum Oils)(Amendment) Order 1996 (SI No. 73 of 1996) This Order applies to persons who import into the State certain petroleum products either for their own use or for disposal in the State. Such persons are obliged to purchase a quantity of petroleum products , refined at the Whitegate oil refinery, from the Irish National Petroleum Corporation Limited (INPC). This Order provides that the INPC may introduce charges for the use of the road facilities at the refinery. The Regulations came into operation on 1 April 1996. ENVIRONMENTAL European Communities (Environ- mental Impact Assessment) (Amend- ment) Regulations 1996 (SI No. 101 of 1996) These Regulations amend the European Communities (Environmental Impact Assessment) Regulations 1989 by reducing the threshold at which afforestation requires Environmental Impact Assessment from 200 hectares to 70 hectares. The Regulations will come into operation on 1 October 1996 and should be read in conjunction with the Local Government (Planning and Development) Regulations 1996 (infra: PLANNING AND DEVELOPMENT). EQUITY In the Matter of John Horgan Livestock Ltd (Hamilton CJ, O'Flaherty and Blayney JJ) 7 November 1995 Equity - Mareva injunction liquidator of company applying for declaration that directors be

personally liable for debts of companv liquidator obtaining Marevcf injunction against director in High Court - appeal to Supreme Court - whether liquidator had established that assets would be dissipated with intention to defeat any decree obtained by liquidator FAMILY D.I v. F.T. and Ors (Murphy J) 16 February 1996 Legal aid - case stated - appointment of a solicitor - delay - guardianship proceedings - whether a judge can appoint a solicitor to represent a party where the Legal Aid Board has delayed in appointing one - whether the Legal Aid Board has to discharge the costs of such an appointed solicitor - whether in this case the question is moot because the parties resolved their difference prior to the hearing of the matter - Courts (Supplemental Provisions) Act 1961 - Guardianship of Infants Act 1964 Allied Irish Banks pic v. Gerard Finnegan and Anor (Supreme Court) 16 February 1996 Matrimonial property - land law - spouse signing consent form agreeing to sale of property - whether plaintiff entitled to rely on validity of consent - Family Home Protection Act 1976, s. 3 This Bill, as presented by the Minister for Justice, aims to allow for the establishment of one representative association (and one only) for each rank of the Garda Síochána below the rank of sergeant. If passed, the Bill would permit the Minister to declare by Order that representative associations not conforming to the Garda Síochána Acts are not established under those Acts. The Bill proposes certain other amendments and provides regulations for such associations in the form of a schedule to the Act. HEALTH SERVICES Health (Amendment) Bill 1996 This Bill, as presented by the Minister for Health, aims to strengthen the arrangements governing the financial accountability of health boards and to clarify the respective roles of the members of health boards and their chief executive officers. The Bill GARDA SÍOCHÁNA Garda Siochana Bill 1996

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IRISH LAW TIMES, JUNE 19%