The Gazette 1996

GAZETTE

pic) under administration v. Stokes Kennedy Crowley and Primor pic (formerly PMPA Insurance pic) under administration v. Oliver Freaney and Co. (Supreme Court) 19 December 1995 Dismissal for want of prosecution - inordinate and inexcusable delay - defendants prejudiced by delay - concept of fairness and justice - delay or acquiesence by the defendant is only one of the ingredients to be considered - pertinent to enquire if the plaintiff is capable of succeeding - prejudice to the defendant to be considered - proceedings dismissed - Insurance (No. 2) Act 1983, s. 2 - Rules of the Superior Courts 1986, O. 63, r. 1, O. 122, r. 11 Philip Smyth and Anor v. Hugh Tunney and Ors (Supreme Court) 2 November 1995 Evidence - application for leave to adduce further evidence - credibility of evidence - influence of such evidence on the result of the case Louise Maude Richardson v, larnrod Éireann - Irish Rail (Morris J) 14 December 1995 Notice of motion - application for judgment - accident on train - letter of explanation sent to plaintiff liability of defendant - admissions of fact by defendant - whether admissions were admissions of material facts - whether plaintiff entitled to judgment on such admissions - Rules of the Superior Courts 1986, O. 32, r. 6 Countyglen pic v. John Carway and Ors (Supreme Court) 12 February 1996 Application for adjournment of action - refused by trial judge - appeal to Supreme Court - matters including third-party discovery and replies to particulars to be resolved - whether Supreme Court should interfere with discretion of trial judge - Companies Acts 1963-1990 Lena Marie Murphy (a minor) v. J. Donohoe Ltd and Ors and James Joseph Murphy (a minor) v. J. Donohoe Ltd and Ors Discovery - failure to comply with discovery order - defence struck out - appeal - principles to be applied - whether appellants made proper discovery - whether appeal should be allowed - Rules of the Superior Courts 1986, Orders 16, 31, r. 21 Patrick Anthony McSorley and Anor v. Governor of Mountjoy Prison (Murphy J) 16 February 1996 Habaus corpus - detention in

whether costs of advisors who did not give oral evidence allowable - Tribunals of Enquiry (Evidence) (Amendment) Act 1979, s. 6 - Rules of the Superior Courts 1986, O. 99, r. 37(18), Appendix W, Items 16 & 1 7 Palamos Properties Ltd and Anor v. Philip T. Hickey and Ors (Flood J) 11 January 1995 Notice of motion - foreign plaintiff - status of plaintiff - negligence alleged - amendment of pleadings - new causes of action - delay in seeking relief - principles to be applied - discretion of the court - potential prejudice because of amendment - whether plaintiff validly in existence - whether pleadings should be amended - whether parties prejudiced by amendment District Court (Local Government (Delimitation of Water Supply Disconnection Powers) Act 1995) Rules 1996 (SI No. 93 of 1996) These Rules prescribe the procedure to be followed and the form to be used by a Sanitary Authority in making applications to the Court for an Order to discontinue a supply of water for domestic purposes under s. 3(2) of the Local Government (Delimitation of Water Supply Disconnection Powers) Act 1995. The Rules came into operation on 19 April 1996. CPA Group pic v. Governor and Company of the Bank of Ireland and Anor (Supreme Court) 9 November 1995 Commercial law - aircraft impounded for non-payment of charges by lessee - owner of aircraft entered into agreement with charge's creditor to secure possession of aircraft pending resolution of matter - aircraft delivered to owner in exchange for letter of credit procured by owner - term of agreement that letter of credit could be presented for payment if accompanied by judgment of court of competent jurisdiction - judgment obtained against lessee and presented with letter of credit - owner alleged judgment referred to had to be against owner not lessee - issued proceedings for breach of contract - motion to strike out claim as unsustainable - whether plaintiff's claim was based on breach of agreement or breach of terms of letter of credit - whether plaintiff's claim meant going behind the terms of a letter of credit which was not permissible - Rules of the Superior Courts 1986, O. 19, r. 28 Primor pic (formerly PMPA Insurance

wpuld also begin the process of removing the Department of Health from detailed involvement in operational matters. PLANNING AND DEVELOPMENT Local Government (Planning and Development) Regulations 1996 (SI No. 100 of 1996) These Regulations lower the threshold at which afforestation requires planning permission from 200 hectares to 70 hectares. The Regulations will come into operation on 1 October 1996 and should be read in conjunction with the European Communities (Environmental Impact Assessment) Regulations 1996 (supra: ENVIRONMENTAL). Brendan Flynn v. Wicklow County Council (Flood J) 1 December 1995 Planning law - judicial review - extension of planning permission - application procedures - time limits for informing applicant of a refusal - whether applicant obtained extension by default - whether respondent informed applicant of its refusal to grant an extension to planning permission in the time provided - Local Government (Planning and Development) Acts 1963-1990 PRACTICE AND PROCEDURE Alison Bloomer and Ors v. Incorporated Law Society of Ireland and Ors (Supreme Court) 6 February 1996 Costs awarded against plaintiffs in unsuccessful High Court action - appeal - whether if High Court had made declaration that first named defendant's regulation invalid on European law grounds costs as to validity of regulation would have been awarded to plaintiffs - costs of appeal to Supreme Court - whether costs incurred in connection with unfounded allegations should be allowed - propriety of submission made to Supreme Court Minister for Finance v. TaxingMaster James Flynn and Ors (Carroll )) 9 February 1996 Costs - Taxation - taxing master - allowable expenses - status of witnesses - expert advisors - statutory interpretation - discretion of taxing master - judicial review of taxing master's decision - certiorari and mandamus - whether taxing master correct in law - whether taxing master's decision should be quashed -

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IRISH LAW TIMES, |UNE 1996