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GAZETTE
APRIL/MAY 1996
domiciled company - Jurisdiction of
Irish High Court to hear action against
French company - Proceedings issued
pursuant to Jurisdiction Convention -
Whether proceedings should have
been issued pursuant to Collision
Convention - French Company sued'
along with Irish domiciled crew
member who was on watch -
Whether such tactic merely a device
to enable the French company to be
joined as a party to the action -
International Convention on Certain
Rules Concerning Civil Jurisdiction in
Matters of Collision 1952, articles
1 (1), 3(3) - Convention on Jurisdcition
and the Enforcement of Judgments in
Civil and Commercial Matters 1968,
articles 2, 6(1), 57 - Jurisdiction of
Courts and Enforcement of Judgments
(European Communities) Act 1988,
Schedule 1 - Jurisdiction of Courts
(Maritime Conventions) Act 1989
P.B. v. A. L. High Court (Costello P)
[1996] 1 ILRM 154
Evidence - Privilege - Discovery -
Subpoena duces tecum served on
Adoption Board - Whether board
could claim privilege in respect of its
documents and records - Adoption
Act 1976, s. 8
Clare County Council v. Gerard
Mahon and Or High Court (Carroll J)
17 October 1995
Claim for arrears of water rates -
Plaintiff unsuccessful in previous case
where different defendant relied on
charitable trust established in 1877 -
Defendants in present case sought to
rely on rights under same trust -
Whether there was issue estoppel
between parties - Whether mutuality
between parties - Whether court in
district appeal had jurisdiction to give
judgment which would act as estoppel
- Whether previous judgment was
judgment in rem - Whether previous
judgment could affect plaintiff's
statutory duty to collect rates -
Whether previous judgment prevented
plaintiff's submission on statutory
interpretation - Local Government
(Financial Provisions) (No. 2) Act
1983, s. 8
Stanley Bell v. Winfried Pederson and
Or High Court (Kinlen )) 29 May
1995
Amendment of pleadings - Plaintiff's
proceedings for defamation - Plea
that defamatory words published to
four persons - Defence plea that pub-
lication to one person privileged -
Application to amend defance by
pleading privilege in respect of all four
persons - Whether amendment
should be allowed—Rules of the
Superior Courts 1986, O. 28, r. 1
Martin V. Ferris v. Michael Ward
and
Ward's Wholesale Meats v. Martin V.
Ferris Supreme Court 7 November
1995
Application for interlocutory relief -
Whether court should resolve conflict
of fact and difficult issues of law at
interlocutory stage - Assignment of
guarantee - Whether purchaser of
guarantee had also acquired debt
secured by guarantee - Whether right
to guarantee could be enforced when
right to call on debtor vested in third
party
Woodfab Ltd v. Coillte Teoranta and
Or High Court (Flood J) 11 August
1995
Discovery - Competition law -
Application for further and better
discovery - Principle applicable -
Which document related to 'any
matter in question in the action' -
Whether category of documents to be
produced was confined to those
which would be evidence of matter in
question
Carmen Proetta v. Andrew
Neil
High Court (Murphy J) 17 November
1995
Security for costs - Neither party
residing in the State - Plaintiff
residing in Spain and a Spanish
national - Effect of the Treaty of
Rome - Discrimination on grounds of
nationality prohibited - Defendant's
claim for security for costs dismissed -
Rules of the Superior Courts 1986, O.
29, r. 1 - Treaty of Rome, Article 7
Joseph Byrne v. Irish Transport and
General Workers' Union High Court
(Morris J) 30 November 1995
Notice of motion - Dismissal for want
of prosecution - No explanation for
delay of four years - Discretion of
court - Principles to be applied -
Whether there was inordinate delay -
Whether defendant prejudiced by
continuation of prosecution - Unfair
Dismissals Act 1977 - Rules of the
Superior Courts 1986
REAL PROPERTY
Terence Doran and Or v. Michael J.
Delaney and Company and Ors High
Court (Hamilton CJ) 12 September
1995
Contract for sale of land - Planning
permission covered land not owned
by vendor - Remainder of area
landlocked - Dispute with adjoining
landowner prior to sale - Dispute not
disclosed at sale - Misrepresentation -
Claim for damages
REFUGEES
Refugee Bill 1995
This Bill has been amended in the
Select Committee on Legislation and
Security. (Cf. (1995) 13 ILT 307.)
SOCIAL WELFARE
Social Welfare Bill 1996
This Bill aims to provide for increases
in the rates of social insurance and
social assistance payments and other
variations in the social welfare system.
TAXATION
Finance Act 1994 (Designation of
Urban Renewal Areas) Order 1996
(SI No. 55 of 1996)
This Order declares certain areas in
Bray, Clonmel, Cobh, Cork, Dublin,
Sligo, Tralee and Wexford to be
designated areas for the purposes of
incentive tax reliefs for urban renewal
provided for in the Finance Act 1994.
With respect to these areas the
qualifying period for the purposes of
s.38(1) of the Act shall be from 1
August 1994 to 31 July 1997.
Finance Act 1987 (Designation of
Urban Renewal Areas) Order 1996
(SI No. 56 of 1996)
This Order declares a certain area to
be part of the Custom House Docks
Area for the purposes of incentive tax
reliefs for urban renewal provided for
in the Finance Act 1986. With respect
to these areas the qualifying period for
the purposes of s.41 of the Act shall be
from 21 June 1994 to 24 January
1999.
TRANSPORT
Air
Navigation
(Personnel
Licensing)(Amendment) Order 1996
(SI No. 50 of 1996)
This Order updates, clarifies and,
where appropriate, prescribes the
technical requirements: for the grant
and renewal of various pilot licences
and ratings; and , for the logging and
crediting of flight time. They abolish
the requirement for the senior
commercial pilot licence (setting out
the transitional arrangements for such
abolition) and extend the duration of
validity of the airline transport licence
to 12 months for licence holders
under 40 uears of age. The Order will
come into operation on 1 June 1996.
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