The Gazette 1996

GAZETTE

NOVEMBER 1996

support finding of bad faith or want of reasonable care on doctor's part in signing certificate - consequences of invalid certificate and detention in Garda station - whether doctor acted in bad faith - whether doctor acting under 1945 Act - whether substantial grounds for contending detention unlawful and due to want of reasonable care on doctor's part - whether leave to issue proceedings should be granted - Mental Treatment Act 1945 - Mental Treatment Act 1953, s. 5 - Mental Treatment Act 1961, s. 8 Richards Dublin Corporation and Motor Insurers Bureau (Supreme Court) 12 June 1996 Road traffic accident - cyclist - unknown driver - motor insurers bureau - whether accident occurred in a public place - cyclists allowed in park - park a public place - Road Traffic Act 1981 PLANNING AND DEVELOPMENT Thomas Cullen v. Wicklow County Manager and Wicklow County Council (McCracken J) 13 June 1996 Local authority - zoning of lands - proceedings - information obligation to make available - works carried out by owner on lands in contravention of zoning - proc- eedings taken against owner - file in relation to proceedings amassed by law agent of county council - county council chairman's written request to secretary - concern at status of lands at issue - formal request for all papers concerning lands - access to law agent's file refused - statutory obligation on county manager to make available 'information' - extent of obligation - whether request made in accordance with statute - nature of information covered by obligation - County Management Act 1940 (No. 12), s. 27 Patrick McNamara v. An Bord Pleanála and Ors (Barr J) 10 May 1996 Planning Law - planning permission - permission granted - conditions to permission - application for judicial review - grounds of opposition - time limit of two months for forwarding grounds of opposition to affected party - supplemental affidavits submitted after two month time limit - v. NEGLIGENCE Derek

affidavits disclosing new grounds of opposition - permission challenged for being contrary to evidence and sense - planning board left certain matters to be agreed between the parties - whether new grounds of opposition were submitted out of time - whether grounds of opposition in original documentation sufficient or specific enough to include new grounds - whether new grounds of opposition could be inferred from the grounds originally submitted whether planning board was entitled to leave certain matters to be decided between the parties - whether there was an improper delegation of responsibility by the planning board - whether advertisement published by the developer complied with the statutory requirements - whether permission granted was contrary to the evidence and common sense - Local Government (Planning and Development) Act 1963, ss. 26(1),(2), 82(3A),(3B)(a)(i) - Local Government (Planning and Development) Act 1976, s. 14(4) - Local Government (Planning and Development) Act 1992, s. 90(3); Local Government (Planning and Development) Regulations 1977, art 15(c) - Rules of the Superior Courts 1986, O. 84, r. 20(2) PRACTICE AND PROCEDURE Solicitors (Professional Names/ Note- paper) Regulations 1996 (SI No. 178 of 1996) These Regulations introduce certain restrictions on the names under which a solicitor or a firm of solicitors may practice. They further prescribe the information which may or may not appear on the nameplate and professional notepaper of the practice. The Regulations, which came into operation on 1 October 1996, do not supersede the Registration of Business Names Act 1963, the provisions of which continue to be applicable to professional names and notepaper. Ann Foran v. Erwin Cobbe and Anor (Supreme Court) 13 June 1996 Personal injuries - appeal from High Court to Supreme Court - further evidence - new trial - plaintiff's action dismissed by High Court - plaintiff appealing to Supreme Court - further evidence available subsequent to trial - whether new trial should be directed First National Commercial Bank pic v. John Joseph Francis Anglin

supply of medicinal products to the public. They also establish the classification for supply of medicinal products with a view to giving effect, on an on-going basis, to Council Directive 92/26/EEC (of 31 March 1992) concerning the classification for supply of medicinal products for human use. HEALTH SERVICES Health (Amendment) Act 1996 (Commencement) Order 1996 (SI No. 255 of 1996) The purpose of this Order is to bring s. 2 of the Health (Amendment) Act 1996 into operation with effect from 23 September 1996 Health Act 1970 (Section 76)(Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital) Order 1996 (SI No. 228 of 1996) This Order establishes, under s. 76 of the Health Act 1970, a body corporate to be known as the Adelaide and Meath Hospital, Dublin, Incorporating the National Children's Hospital and situated at Tallaght. The Order came into operation on 1 August 1996. MENTAL HEALTH James Bailey v. Patrick Gallagher (Supreme Court) 23 May 1996 Mental health - doctor signing certificate for reception and detention of plaintiff as involuntary patient - necessity for leave from High Court to issue proceedings against doctor alleging negligence, false imprison- ment and defamation - powers and duties of doctor under mental health legislation - plaintiff removed from home and detained in Garda station pursuant to certificate - doctor directing release of plaintiff following phone call from solicitor - medical examination on which certificate based made outside statutory limit - whether reception and detention order valid - whether detention by Gardai lawful - duty on applicant to inform person concerned of nature of certificate and opportunity for second examination - Constitution - access to the courts - requirement that High Court be satisfied substantial grounds exist for contending defendant acted in bad faith or without reasonable care - degree of proof required before leave granted - meaning of 'substantial' - whether evidence to

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IRISH LAW TIMES. (X IOBER I 1 !'»,