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GAZETTE
JUNE 1996
ILT DIGEST
OF LEGISLATION AND SUPERIOR COURT DECISIONS
Compiled by DAVID BOYLE
ADMINISTRATIVE
Irish Steel Limited Bill 1996
This Bill has been passed by both
Houses of the Oireachtas. (Cf. (1996)
14 ILT 128.)
Gary Brian McAuley v. Commissioner
of An Garda Síochána
(Supreme
Court) 15 February 1996
Carda training - termination -
procedure - failure, to comply with
provisions of disciplinary code -
breach of constitutional rights -
breach of natural justice - breach of
contract - applicant entitled to
damages
AGRICULTURE
European Communities (Importation
of Bovine Animals and Products
Obtained from Bovine Animals from
the United Kingdom) Regulations
1996 (SI No. 87 of 1996)
These Regulations implement Com-
mission Decision of 27 March 1996
on emergency measures to protect
against bovine spongiform encephal-
opathy (BSE) by prohibiting the
importation from the UK of bovine
animals and products originating from
them. The Regulations came into
operation on 28 March 1996.
COMMERCIAL
A. & N. Pharmacy Ltd v. United Drug
Wholesale
Ltd (Carroll J) 15 February
1996
Interlocutory injunction - plaintiff
operating pharmacy in Limerick -
defendant one of three drug
wholesalers supplying pharmacies in
Limerick - all three wholesalers
refusing to supply plaintiff - defendant
not satisfied with credit worthiness of
plaintiff - plaintiff seeking injunction
directing defendant to supply it -
whether serious issue to be tried -
balance of convenience - whether
damages an adequate remedy
Dunnes Stores Ltd v. Mandate
(Hamilton CJ, Blayney and Denham
J|) 19 January 1996
Mis-leading
Advertisement
Injunction - interim injunction -
interlocutory injunction - plaintiff
IRISH LAW TIMES, ICJNE 1996
seeking interlocutory injunction to
restrain publication of advertisement
by
defendant
trade
union
advertisement explaining decision of
members of defendant to take strike
action - whether injunction pursuant
to Regulations interlocutory or final -
whether advertisement coming within
definition
of
'advertising'
in
Regulations - European Communities
(Misleading Advertising) Regulations
1988, arts 2, 4 - Council Directive
No. 84/450/EEC
COMPETITION
A.
& N. Pharmacy Ltd v. United Drug
Wholesale Ltd
(Carroll J) 15 February
1996
Wholesalers controlling 90 per cent of
market - refusing to supply plaintiff -
plaintiff seeking interlocutory relief -
whether
interlocutory
relief
appropriate in the circumstances -
Competition Act 1991, ss. 5, 6
CONFLICT OF LAWS
United Meat Packers
(Ballagh-
aderreen)
Ltd
v.
Nordstern
Allgemeine Versicherungs AG and
Ors
(Carroll j) 31 July 1995
Plaintiff given liberty to serve
summons
outside
jurisdiction
pursuant to Rules of the Superior
Courts - application set aside -
plaintiff claiming in the alternative
that summons could have been served
under Lugano Convention - whether
order found to have been made
without jurisdiction could be allowed
to stand on that basis - Rules of the
Superior
Courts
1986,
O.
11(1)(e)(ii)(iii)
CONSTITUTIONAL
Bridget M. Roe v. The Blood
Transfusion Service Board and Ors
(Laffoy J) 14 February 1995
Administration of justice in public -
plaintiff
seeking
to
maintain
proceedings under a fictitious name -
desire to protect privacy - justice to
be administered in public - no
judicial discretion - case does not fall
within statutory exceptions - court has
no jurisdiction to allow plaintiff to
prosecute case using fictitious name -
1
application refused - Constitution of
Ireland 1937, Article 34.1
CRIMINAL
C.B.
v.
Director
of
Public
Prosecutions
(Budd J) 9 October
1995
Delay - Accused charged with rape
and indecent assault of daughters -
long
delay
between
date of
commission of alleged offences and
trial - large number of counts in
indictment - lack of specificity in
dates of alleged offences - whether
number of counts in indictment unfair
similar
fact
evidence
and
multiplicity of charges - whether lack
of specific dates a ground for
prohibition - whether lapse of time
such as to prejudice a fair trial
Michael Barry v. District fudge
William Early and the Director of
Public Prosecutions
(McCracken J) 17
January 1996
Delay - number of adjournments for
service of book of evidence -
prejudice or danger of prejudice to the
defendant - accused entitled to have
opportunity to prepare defence -
prohibition order granted
DAMAGES
Olga Smith v. Rhone Poulenc Ireland
Ltd
(Flood )) 11 January 1996
Future loss of earnings - Personal
injuries - assessment of damages -
beautician - chronic back pain and
depression consequent on accident -
several accidents and back operation
prior to accident - evidence of doctors
and surgeons - whether plaintiff had
vulnerable back - whether pain as a
matter of probability likely to arise
having regard to prior medical history
whether
condition
directly
attributable to accident - whether
likely to resume ordinary reasonable
standard of social, domestic and
working activity - level of damages -
factors to be taken into account in
assessment of future loss of earnings
Thomas Hughes v. Colm O'Flaherty
and Anor
(Carney J) 19 January 1996
Diminution in life expectancy -
negligence - road traffic accident -
personal injuries - assessment of
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