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GAZETTE
JANUARY/FEBRUARY
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a qualified insurer; (iv) to provide for
an Assigned Risks Pool comprising all
qualified insurers which can, in
certain circumstances, provide the
minimum level of professional
indemnity
insurance
cover
to
solicitors who cannot obtain it from a
qualified insurer; and (v) to provide for
the maintenance by the Law Society
of Ireland of an insurance record of
the qualified insurer providing the
minimum level of cover (or other
indemnity cover) to each solicitor
issued with a practising certificate
who is required to have such cover.
The Regulations came into operation
on 1 December 1995.
Sheila Flannery
v.
Margo Forbes
Dean and Ors
High Court (Costello P)
[1995] 2 ILRM 393
Costs - Exercise of discretion -
Plaintiff failed to act in a reasonable
way - Unjust to ask the defendants to
pay the plaintiff's costs
Marian McKenna v. Best Travel
Limited T/A Cypriana Holidays and
Or
High Court (Morris j) [1995] 2
ILRM 471
Discovery - Defendant company in
liquidation - Plaintiff seeking to claim
against defendant's indemnifiers -
Identity of indemnifiers unknown -
Plaintiff seeking to identify through
discovery - Limits of discovery -
Documents relating to any matter in
question - Documents which would
support or defeat an issue which arises
in the existing action - Documents
which enable the plaintiff to advance
his case or damage the defendant's
case - Civil Liability Act 1961, s. 62 -
Rules of the Superior Courts 1986, O.
31, r. 12(1)
SOCIAL WELFARE
Pensions (Amendment) Bill 1995
This Bill, as presented by the Minister
for Social Welfare, aims to make a
number of amendments (mostly of a
technical nature) to the Pensions Act
1990.
Social Welfare (Charter of Rights) Bill
1995
This private member's Bill, as
introduced by Mr Joe Walsh, TD, aims
- to implement the recommendations of
the Commission on Social Welfare and
the National Economic and Social
Forum in relation to the administration
of social welfare payments.
TAXATION
Finance Act 1994 (Commencement
of s. 89(1)) Order 1995 (SI No. 279 of
1995)
This Order appoints 27 October 1995
as the date for the coming into
operation of s. 89(1) of the Finance
Act 1994 which provides that bets
placed on-course in respect of events
taking place off- course are to be
relieved of off-course duty.
TORT
Marian McKenna v. Best Travel Limited
I/A Cypriana Holidays and Or
High
Court (Morris J) [1995] 2 ILRM 471
Damages - Personal injuries -
Defendant Company in litigation -
Plaintiff seeking to claim against
defendant's indemnifiers - Right to
maintain such an action - Civil
Liability Act 1961, s. 62
TRANSPORT
Dublin
Transportation
Office
(Establishment) Order 1995 (SI No.
289 of 1995)
This Order establishes, under the
Local
Government
Services
(Corporate Bodies) Act 1971, an
Office to provide services relating to
land use and transportation planning
in the Dublin area.. The Order
provides that the business of the
Office will be conducted by a Steering
Committee appointed by the Minister
and it also provides for a local
authority
committee
and
a
consultative panel. The Order also
provides for procedures, staffing
arrangements and other related
matters. The Order came into effect
on 9 November 1995.
Local
Government
Services
(Corporate
Bodies)
Act
1971
(Designated Bodies) Order 1995 (SI
No. 290 of 1995)
This Order provides that the Minister
for
Transport,
Energy
and
Communications and Coras lompair
Eireann will be designated bodies for
the purposes of s. 3(3) of the Local
Government Services (Corporate
Bodies) Act 1971. The Order came
into effect on 9 November 1991.
TRUST
Powers of Attorney Bill 1995
This Bill has been passed by Seanad
Eireann. (Cf. (1995) 13 ILT 204.)
WARDSHIP
In the Matter of a Ward of Court
Supreme Court
(Hamilton
CJ,
O'Flaherty, Egan, Blayney and
Denham JJ) [1995] 2 ILRM 401
Jurisdiction of High Court in relation
to affairs of persons of unsound mind
- Parens Patriae jurisdiction formerly
exercised by Lord Chancellors in
Ireland - Onus of proof - Standard of
proof - Court placing itself in the
position of a reasonable and
responsible parent when making a
decision in respect of ward - Wishes
of ward's committee and family a
relevant factor but not decisive -
Welfare, well-being and interests of
the ward as first and paramount
consideration to be taken into account
by court - Jurisdiction of court subject
only to provisions of Constitution -
Courts of Justice Act 1924, s. 19(1) -
Courts of Justice Act 1936, s. 9(1) -
Courts (Supplemental Provisions) Act
1961, s. 9
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