422 / 448
raAZETTE
MARCH 1996
Local Government (Water Pollution)
Act 1977 (Commencement) Order
1996 (SI No. 18 of 1996)
This Order brings s. 34 of the Local
Government (Water Pollution) Act
1977 into operation with effect from
22 January 1996. The effect of this is
to repeal the Rivers Pollution
Prevention Acts 1876 and 1893.
EQUITY
R.F. v. M.F.
Supreme Court (Finlay CJ,
Henchy and Hederman J)) [1995] 2
ILRM 572
Husband and wife - Presumption of
advancement - Promise by wife that
she would reside with husband if
house put into joint names -
Conveyance of property into joint
names of husband and wife -
Purchase price supplied by husband -
Subsequent refusal of wife to reside
with husband - Claim by wife that
entitled to beneficial half share in
house by virtue of conveyance -
Rebuttal
of
presumption
of
advancement - Husband would not
have agreed to purchase house
without promise by wife that she
would reside there with him - Wife
could not cast aside promise and take
benefit of convayance
Husband and wife - Undue influence
- Delay - Conveyance of farm by wife
to husband expressed to be in
consideration of natural love and
affection - In reality a conveyance for
valuable consideration - Agreement
by husband to take over wife's
liabilities in respect of farm - Legal
advice received by wife - Delay by
wife in asserting claim of undue
influence
FAMILY
C.
v B.
Supreme Court (Hamilton C|,
Blayney and Denham J)) [1996] 1
ILRM 63
Custody - Child abduction - Removal
of child from State by its mother -
Custody of child granted to father in
District Court - Application in High
Court by father for declaration that
removal of child was unlawful -
Whether High Court had jurisdiction
to declare removal of child from State
unlawful in circumstances where it
had not made a decision relating to its
custody - Jurisdiction of District Court
to make declaration that removal of
child from State unlawful - Child
Abduction and Enforcement of
Custody Orders Act 1991, s. 34(1) -
European Convention on Recognition
and Enforcement of
Decisions
Concerning Custody of Children and
on Restoration of Custody of Children
1980, article 12
FISHERIES
Sea Fisheries (Control of Catches)
Order 1985 (Amendment) Order
1996 (SI No. 6 of 1996)
This effect of this Order is to make any
infringement of Council Regulations
2847/95 and 2870/95 an offence in so
far as these regulations relate to the
State including the exclusive fishery
limits of the State. These Council
Regulations
provide
for
the
implementation of new control
arrangements for designated fishing
areas including Irish exclusive fishing
waters and the area known as the Irish
box. From 1 January 1996, vessels
over a certain size are required to
report entry to and exit from
designated
fishing
areas
in
accordance with the procedures laid
down in the regulations.
HEALTH AND SAFETY
Voluntary
Health
Insurance
(Amendment) Bill 1995
This Bill has been passed by Dáil
Éireann. (Cf. (1996) 14 ILT 25.)
European Communities (Monitoring
of Temperature in the Means of
Transport, Warehousing and Storage
of Quick-frozen Foodstuffs and
Sampling Procedure and Methods of
Analysis
for
Control
of
the
Temperatures of Quick-frozen Foods
Intended for Human Consumption)
Regulations 1995 (SI No. 370 of 1995)
The purpose of these Regulations is to
give effect to Commission Directive
92/1/EC (of 13 January 1992) on the
monitoring of temperatures in the
means of transport, warehousing and
storage of quick-frozen foodstuffs
intended for human consumption and
Commission Directive 92/2/EEC (of 13
January 1992) laying down the
sampling
procedure
and
the
Community method of analysis for the
offical control of the temperatures of
quick frozen foods intended for
human consumption.
INTELLECTUAL PROPERTY
Trade Marks Bill 1995
This Bill has been amended in the
Select Committee on Enterprise and
Economic Strategy. (Cf. (1996) 14 ILT
26.)
LOCAL GOVERNMENT
Kenny Homes & Co. Limited v.
Galway City and County Manager
and Or
High Court (Blayney J) [1995]
2 ILRM 586
Planning
and
development
Resolution of Galway Corporation
that county manager should be
directed to grant outline planning
permission for proposed development
- Resolution not drafted so as to allow
planning authority to consider
whether
conditions
should
be
attached to outline permission - Duty
of county manager to obey terms of
resolution - Inability of county
manager to impose conditions on
planning permission where planning
authority has passed resolution
directing him to grant permission -
Resolution that county manager
should be directed to grant permission
not an appropriate means by which
local
authority
could
perform
planning functions - Failure of
planning authority to consider
objections - City and County
Management (Amendment) Act 1955,
s. 4 - Local Government (Planning
and Development) Act 1963, s. 26
PRACTICE AND PROCEDURE
Michael
Rainsford
v.
Mayor,
Aldermen and Burgesses of the City
of Limerick
High Court (Finlay P)
[1995] 2 ILRM 561
Dismissal of proceedings for want of
3