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GAZETTE
j
MARCH 19W
prosecution - Plaintiff severely injured
in collision with obstruction on road -
Delays on part of plaintiff's solicitors
due to personnel changes and death
of solicitor - Delay in the filing of a
statement of claim - Claim by
defendants that as a result of delay
level of indemnity cover would be
exceeded - Whether delay has been
inordinate and excusable - Discretion
of court as to whether balance of
justice is in favour or against case
proceeding - Delay on part of
plaintiff's solicitors - Extent of
plaintiff's personal balmeworthiness -
Gravity of claim and consequences of
dismissal for plaintiff - Balance of
justice favoured plaintiff
Decospan NV v. Benhouse Limited
T/A Limerick Board Centre
Supreme
Court (O'Flaherty, Egan and Blayney
jj) [1995] 2 ILRM 620
Discovery - Failure to comply with
order for discovery - Defence and
counterclaim struck out by Master of
the High Court - High Court order
reinstating subject to lodgment as
security - Whether court had
jurisdiction to impose condition as to
lodgment - Rules of the Superior
Courts 1986, O. 37, r. 10
Private Research Limited v. Paul
Brosnan and Network
Financial
Services Limited
High Court 1995
(McCracken J) [1996] 1 ILRM 27
Injunction - Passing off - Breach of
Confidence - Breach of copyright -
Application for interlocutory injunction
- Whether serious issue to be tried -
Adequacy of damages - Balance of
convenience - Preservation of status
quo not conclusive - Defendant's
right to compete against plaintiff
Kenneth
Best
v.
Wellcome
Foundation and Ors
High Court
(Barron j) [1996] 1 ILRM 34
Costs - Taxation of costs - Appeal
from ruling of Taxing Master -
Settlement of action for personal
injuries - Solicitor's instructions fee in
respect of assessment of damages in
personal injuries claim - Instructions
fee already agreed in respect of trial
on issue of liability - Whether work
already done in respect of liability
issue would have reduced the work to
be done in respect of assessment of
damages - Factors to be taken into
account
when
determining
instructions fee - Relevance of size of
award - Counsel's fee - Measured by
reference to what a reasonably careful
and reasonably prudent solicitor
would have agreed - Whether fees of
architects and surveyors in respect of
design of special house for plaintiff
could be included in bill of costs or
should be regarded as items of special
damage - Whether fee of legal cost
accountant for drawing up bill of costs
could be allowed - Rules of the
Superior Courts 1986, O. 99, rr. 10,
12, 37(22)(ii), Appendix W
Inspector of Taxes v. Arida Limited
Supreme Court (Egan, Blayney and
Denham JJ) [1996] 1 ILRM 74
jurisdiction of Circuit Court to award
costs - Inherent jurisdiction
-
Whether the Rules of the Circuit Court
apply only to such jurisdiction as
conferred on that court by the Courts
of Justice Acts - Courts (Supplemental
Provisions) Act 1961, s. 27(1) -
Income Tax Act 1967, ss. 428(6),
429(2) - Rules of the Circuit Court
1950, 0.58, r. 1
REAL PROPERTY
Lord Mayor, Aldermen and Burgesses
of the City of Cork v. Thomas Lynch
High Court (Egan J) [1995] 2 ILRM
598
Limitation of actions - Adverse
posession - Intention of local
authority to use land for road
widening in the future - Land
enclosed and resurfaced by adjoining
owner who used it as part of his
garage business - Actions of adjoining
owner not amounting to adverse
posession as not inconsistent with
intention of local authority and
purposes for which local authority
acquired plot - Statute of Limitations
1957, ss. 13(2)(a), 18
TAXATION
Inspector of Taxes v. Arida Limited
4
Supreme Court (Egan, Blayney and
Denham jj) [1996] 1 ILRM 74
Corporation tax - Appeal to Circuit
Court from determination by Appeal
Commissioners - Jurisdiction of
Circuit Court to avoid costs - Income
Tax Act 1967, ss. 428, 429, 430
TRANSPORT
Merchant Shipping (Liability of
Shipowners and Others) Bill 1996
This Bill, as persented by Senator
Maurice Manning, aims to give the
force of law to: the Convention on
Limitation of Liability for Maritime
Claims 1976; the Convention Relating
to the Carriage of Passengers and their
Luggage by Sea 1974, as amended by
the Protocol thereto of 1976; and, the
International Convention for the
Unification of Certain Rules of Law
Relating to Bills of Lading 1924 as
amended by the Protocols thereto of
1968 and 1979.
Road Traffic (Construction, Equipment
and Use of Vehicles)(Amendment)
(No. 2) Regulations 1996 (SI No. 27
of 1996)
These Regulations extend by five
years (until 31 March 2001) the
transitional period for certain older
vehicles and trailers (including loads)
to comply with the maximum height
limit of 4.25 metres.
TRUST
In the Matter of the Estate of Joseph
Prendiville, Deceased High Court
(Barron J) [1995] 2 ILRM 578
Will - Construction - Half-secret trust
- Testator leaving property to his wife
to use according to his wishes as to
which she had been advised - Wishes
of testator recorded in document -
Acceptance by wife of the testator's
wishes - Whether a secret or half-
secret trust - Whether testator's son
entitled to option to purchase
testator's residence at reasonable
valuation - Whether reference to
house included the surrounding
lands