The Gazette 1996

AUGUST/SEPTEMBER 1996

GAZETTE

discovery is sought - whether documents sought to be discovered relevant - whether discovery order should be amended REFUGEES Refugee Act 1996 (No. 17 of 1996) This Act was signed by the President on 26 June 1996. (Cf. (1995) 13 ILT 307.) ROAD TRAFFIC Michael Stokes v. District Judge Aidan O'Donnell, the DPP, Ireland and the Attorney General (Laffoy J) 29 March 1996 Driving without insurance - certificate produced - failed to produce a certificate as defined by the Act - presumption not rebutted - judicial review - judge acted within jurisdiction - order refused - Road Traffic Act 1961, s. 56 - Road traffic Act 1968, Part IV SOCIAL WELFARE Pensions (Amendment) Bill 1995 This private member's Bill has been passed by Dail Éireann. (Cf. (1996) 14 ILT 27.) Social Welfare (Means Testing) Bill 1996 This private mamber's Bill, as introduced by Mr joe Walsh, TD, aims to implement the recommendations of the Comptroller and Auditor General in relation to means testing for social welfare payments and to provide for the reporting of illicit assets by the Minister for Social welfare to the Garda Síochána and/or the Revenue Commissioners SUCCESSION Joseph O'Connell and Anor v. Bank of Ireland and Anor (Barron J) 27 March 1996 Will - construction - extrinsic evidence as to testatrix's intention - admissibility - bequest of house contents - no mention of house - testatrix's intention to leave house as well as contents to plaintiffs communicated to plaintiffs and to friend - whether evidence admissable - terms of the will - whether intention of testatrix frustrated by manner in which will drawn - intention frustrated by omission - whether

plaintiffs entitled beneficially to house as well as contents - Succession Act 1965, s. 90

suffering from depression - plaintiff's father admitted to psychiatric hospital operated by defendant - plaintiff's father committing suicide following discharge - whether risk of suicide assessed before discharge - whether failure to assess risk of suicide negligent - whether assessment adequate Betty Turner v. larnrod Éireann/lrish Rail and Anor (Flood J) 14 February 1996 Personal injuries - plaintiff lived in housing estate adjoining railway - inadequate fence surrounding track - plaintiff's child ran onto track - plaintiff followed and in state of agitation was tripped up by signal wire - injuries sustained - whether railway owed a duty of care to local children to prevent them from entering track - whether local authority owed similar duty - whether plaintiff's injuries consequent on breach of aforesaid duty - Railways Clauses Consolidation Act 1845, ss. 68, 73 TRANSPORT Transport (Dublin Light Rail) Bill 1996 This Bill has been passed by Dail Éireann. (Cf. (1996) 14 ILT 178.) TRUST Powers of Attorney Act 1996 (No. 12 of 1996) This Act was signed by the President on 5 June 1996. (Cf. (1995) 13 ILT 204.) Powers of Attorney Act 1996 (Commencement) Order 1996 (SI No. 195 of 1996) This Order brought the Powers of Attorney Act 1996 into operation with effect from 1 August 1996. Enduring Powers of Attorney Regulations 1996 (SI No. 196 of 1996) These Regulations prescribe: the form of instrument creating an enduring power of attorney under Part II of the Powers of Attorney Act 1996; the form of the notice of execution of an enduring power to be given by the donor to certain persons; and the form of notice of intention to apply for registration of such a power, to be given by the attorney to those persons. The Regulations came into operation on 1 August 1996.

TAXATION Value-Added Tax (Special Scheme for Means of Transport: Documentation) Regulations 1996 (SI No. 201 of 1996) These Regulations, which revoke and replace the Value-Added Tax (Second Hand Motor Vehicles) Regulations 1988, specify the documentation required by a taxable dealer to deduct residual tax in respect of certain means of transport. The Regulations came into operation on 1 July 1996. Michael O'Grady (Inspector of Taxes) v. Roscommon Race Committee (Supreme Court) 26 March 1996 Income tax - capital allowances - consultative case stated - appeal from High Court - plant - race track - stand at race track - whether stand constituted plant TORT Civil Liability (Amendment) Bill 1996 This Bill, as presented by Senator Maurice Manning, aims to increase the maximum amount payable by way of compensation for mental distress in fatal injuries actions brought by persons under the Civil Liability Act 1961 from £7,500 to £15,000. It further aims to extend to cohabitants and persons with a foreign divorce entitled to recognition in the State, the right to claim certain damages under the 1961 Act. Pig Slaughtering Ltd (Barron J) 12 March 1996 Negligence - personal injuries - employers' liability - plaintiff employed as boner - plaintiff applying pressure with left arm during boning process - plaintiff suffering injury to his left arm and elbow - plaintiff complaining to supervisors supervisors taking no action - whether employer negligent - whether injury forseeable - whether employer negligent in failing to respond to plaintiff's compliants Bridget Healy v. Northwestern Health Board (Flood J) 1996 Negligence - medical negligence - medecine - wrongful death - plaintiff claiming on behalf of dependants of plaintiff's father- -plaintiff's father Paul Bolger v. Queally

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