The Gazette 1996

GAZETTE

JUNE 1996

damages - principles to be applied -

- whether the plaintiff's lack of

awareness of his condition should

lead to a nil or nominal award under

the heading of general damages

Kathleen O'Sullivan v. Ann Sherry

and Anor

(Hamilton CJ, O'Flaherty

and Blayney ))) 2 February 1996

Appeal to Supreme Court plaintiff

injured in road traffic accident -

defendants admitting liability - High

Court awarding damages - whether

award excessive - whether trial judge

must give reasons for preferring the

evidence of one witness over that of

another

Labour Court that respondents

employed in like work and therefore

entitled to same remuneration as

comparator - appellant claimed

comparator had been red circled and

was

thus

being

remunerated

differently on grounds other than sex

as permitted by the legislation -

Labour Court found that appellant had

not satisfied them that all parties to the

red circling arrangement were fully

aware of the circumstances which

brought it into operation - whether

Labour Court had erred in law in

adding this pre-condition - Anti-

Discrimination (Pay) Act 1974, s. 3(2)

Anne Kelly v. Fergus Hennessy

(Supreme Court) November 1995

Negligence - road traffic accident -

High Court appeal - nervous shock

suffered by relatives of victims -

proximity to accident - whether

illness precipitated by accident or its

aftermath - whether the respondent

had failed to mitigate her loss -

whether trial judge was correct in his

findings based on the evidence -

whether award of damages was

excessive in the circumstances

Nicola Connolly v. Bus Éireann/lrish

Bus and Ors

(Barr J) 29 January 1996

Pedestrian crossing road having

alighted from bus - car travelling at

speed - grievous personal injuries -

car at all times on own side of road -

contributory negligence assessed at

50 per cent

DEFAMATION

John Murphy v. Dow Jones Publishing

Company

(Europe) Inc. Flood J) 11

January 1995

Defamation proceedings - defendant

claimed qualified privilege - Act

afforded privilege to 'fair and

accurate' report of court proceedings

made without malice - defendant

sought to have issue determined as

preliminary issue by judge sitting

without jury - whether determination

of 'fair and accurate' was a matter of

fact or law - whether if matter of fact

and opinion should be left to the jury

- Defamation Act 1961, s.24 - Rules

of the Superior Courts 1986, O. 25, r. 1

EMPLOYMENT

Minister for Transport Energy and

Communications

Catherine

Campbell and Ors

(Keane J) 29

January 1996

Judicial review - determination of

ENERGY

Fuels (Petroleum Oils)(Amendment)

Order 1996 (SI No. 73 of 1996)

This Order applies to persons who

import into the State certain

petroleum products either for their

own use or for disposal in the State.

Such persons are obliged to purchase

a quantity of petroleum products ,

refined at the Whitegate oil refinery,

from the Irish National Petroleum

Corporation Limited (INPC).

This

Order provides that the INPC may

introduce charges for the use of the

road facilities at the refinery. The

Regulations came into operation on 1

April 1996.

ENVIRONMENTAL

European Communities (Environ-

mental Impact Assessment) (Amend-

ment) Regulations 1996 (SI No. 101

of 1996)

These

Regulations

amend

the

European

Communities

(Environmental Impact Assessment)

Regulations 1989 by reducing the

threshold at which afforestation

requires

Environmental

Impact

Assessment from 200 hectares to 70

hectares. The Regulations will come

into operation on 1 October 1996 and

should be read in conjunction with

the Local Government (Planning and

Development)

Regulations 1996

(infra:

PLANNING

AND

DEVELOPMENT).

EQUITY

In the Matter of John Horgan

Livestock

Ltd

(Hamilton

CJ,

O'Flaherty and Blayney JJ) 7

November 1995

Equity -

Mareva injunction

liquidator of company applying for

declaration

that

directors

personally liable for debts of companv

liquidator

obtaining

Marevcf

injunction against director in High

Court - appeal to Supreme Court -

whether liquidator had established

that assets would be dissipated with

intention to defeat any decree

obtained by liquidator

FAMILY

D.I v. F.T. and Ors (Murphy J) 16

February 1996

Legal aid - case stated - appointment

of a solicitor - delay - guardianship

proceedings - whether a judge can

appoint a solicitor to represent a party

where the Legal Aid Board has

delayed in appointing one - whether

the Legal Aid Board has to discharge

the costs of such an appointed

solicitor - whether in this case the

question is moot because the parties

resolved their difference prior to the

hearing of the matter - Courts

(Supplemental Provisions) Act 1961 -

Guardianship of Infants Act 1964

Allied Irish Banks pic v. Gerard

Finnegan and Anor

(Supreme Court)

16 February 1996

Matrimonial property - land law -

spouse signing consent form agreeing

to sale of property - whether plaintiff

entitled to rely on validity of consent -

Family Home Protection Act 1976, s. 3

GARDA SÍOCHÁNA

Garda Siochana Bill 1996

This Bill, as presented by the Minister

for Justice, aims to allow for the

establishment of one representative

association (and one only) for each

rank of the Garda Síochána below the

rank of sergeant. If passed, the Bill

would permit the Minister to declare

Order

that

representative

associations not conforming to the

Garda Síochána Acts are not

established under those Acts. The Bill

proposes certain other amendments

and provides regulations for such

associations in the form of a schedule

to the Act.

HEALTH SERVICES

Health (Amendment) Bill 1996

This Bill, as presented by the Minister

for Health, aims to strengthen the

arrangements governing the financial

accountability of health boards and to

clarify the respective roles of the

members of health boards and their

chief executive officers.

The Bill

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