The Gazette 1996

GAZETTE

APRIL/MAY 1996

P.B. v. A. L. High Court (Costello P)

[1996] 1 ILRM 154

Case stated - Child born to parents

who were not married - Marriage of

child's mother to another man -

Application by mother and her

husband to Adoption Board for an

adoption order in respect of child -

Application in District Court by father

seeking to be appointed guardian of

child - Subpoena duces tecum served

on board - Whether board could

claim privilege

in respect of

documents and records - Adoption

Act 1976, s. 8

Robert McQuillan and Or v. James

Austin Maguire and Or High Court

(Costello P) 10 November 1995

Judgment mortgage registered over

property - Debtor's wife issued

proceedings claiming entire beneficial

interest in property - Consent order

made to that effect - Whether order

had been obtained by collusion in

attempt to defraud creditors -

Whether actual intention to defraud

had to be established before order

could be made

FISHERIES

Fisheries (Amendment) Act 1995

(Southern

Regional

Fisheries

Commission) Order 1996 (SI No. 51

of 1996)

This

Order

provides

for

the

establishment of a Commission to

carry out certain functions of the

Southern Regional Fisheries Board.

The Order came into operation on 23

February 1996 and will remain in

force until 22 February 1997.

HEALTH AND SAFETY

Voluntary Health Insurance (Amend-

ment) Act 1996

The Voluntary Health Insurance

(Amendment) Bill 1995 has been

passed by both Houses of the

Oireachtas and been signed into law

by the President. (Cf. (1995) 13 ILT

306.)

Irish Medicines Board Act 1995

(Commencement) Order 1996 (SI

No. 40 of 1996)

This Order brought the Irish

Medicines Board Act 1995 into

operation on 19 February 1996

insofar as provided for in ss. 4(1 )(a),

(b), (c) and 35 of that Act.

Medical Preparations (Wholesale

Licences)(Amendment)

Regulations

1996 (SI No. 41 of 1996)

These Regulations provide for the

transfer from the Minister for Health to

the Irish Medicines Board of the

authority to grant wholesale licences

and related matters. The Regulations

came into operation on 19 February

1996.

Medical Preparations (Licensing of

Man u f a c t u r e) ( Am e n d m e n t)

Regulations 1996 (SI No. 42 of 1996)

These Regulations provide for the

transfer from the Minister for Health to

the Irish Medicines Board of the

authority to grant manufacturers

licences and related matters. The

Regulations came into operation on

19 February 1996.

Medical Preparations (Licensing and

Sale) Regulations 1996 (SI No. 43 of

1996)

These Regulations bring together in

one instrument the provisions of the

Medical Preparations (Licensing,

Advertisement and Sale) Regulations

1984 - 1994. They provide for a

licensing

scheme

for

human

medicines and related matters as

required by Council

Directive

65/65/EEC (of 26 January 1965) as

amended and, insofar as homeopathic

medicines are concerned, Council

Directive 92/72/EEC (of 22 September

1992). The Regulations also provide

that the authority to licence human

medicines, heretofore exercised by

the Minister for Health, shall be

exercised by the Irish Medicines

Board. The Regulations came into

operation on 19 February 1996.

Irish

Medicines

Board

(Fees)

Regulations 1996 (SI No. 44 of 1996)

These Regulations provide for the

payment of fees to the Irish Medicines

Board pursuant to s. 13 of the Irish

Medicines Board Act 1995.

The

Regulations came into operation on

19 February 1996.

INTELLECTUAL PROPERTY

Trade Marks Bill 1995

This Bill has been passed by Dáil

Éireann. (Cf. (1996) 14 ILT 26.)

Phonographic Performance (Ireland)

Ltd v. Controller of Industrial and

Commercial Property and Or

and

Phonographic Performance (Ireland)

Ltd v. Controller of Industrial and

Commercial Property and Ors

Supreme Court (Hamilton CJ, Egan

and Blayney JJ) [1996] 1 ILRM 1

performance of published sound

recordings - Statutory right of copyright

owner to equitable remuneration

- Dispute as to amount of equitable

remuneration - Dispute referred to

controller of Patents, Designs and

Trade Marks -

Jurisdiction of

controller to adjudicate on dispute -

Whether controller had jurisdiction to

fix equitable remuneration in respect

of sound recordings to take place in

the future - Payment of equitable

remuneration to copyright owner not

a condition precedent to use of sound

recording - Obligation to pay

equitable remuneration arising only

when sound recording has been used

- Copyright Act 1963, ss. 17(4)(b),

17(5), 31(3), 32(1)

Words and phrases - Remuneration -

Payment for service rendered in the

past

LANDLORD AND TENANT

Sylvester Riordan and Or v. Terry

Carroll t/a Wyvern Gallery High

Court (Kinlen J) 28 July 1995

Lease - Non-payment of rent - Tenant

claimed premises were damp and

cracked - Claim for loss of profits -

Collateral agreement alleged by

tenant - Not considered in Circuit

Court - Admissability of evidence in

appeal - No fresh consideration for

collateral agreement - Document not

allowed in evidence - Counterclaim

for unliquidated damages

NATIONALITY AND CITIZENSHIP

Fatima Haroun Osman Kelly v.

Ireland and the Attorney General

High Court (Barron J) 12 December

1995

Judicial review - Family - Applicant

born in Sudan - Applicant living in

United Kingdom - Applicant refused

permission to remain in United

Kingdom - Applicant marrying Irish

citizen - Applicant obtaining Irish

passport - Minister for Foreign Affairs

impounding applicant's Irish passport

- Whether applicant Irish citizen -

Whether applicant's marriage void -

Irish Nationality and Citizenship Act

1956, s. 8

PRACTICE AND PROCEDURE

Gerard Doran v. Tracey Power and

and

Tracey Power v. Kenneth

Pierce and Or Supreme Court

(O'Flaherty, Blayney and Denham JJ)

[1996] 1 ILRM 55

Jurisdiction of the courts - Fatal

injuries action - Collision between

ships at sea - One defendant French