439 / 448
GAZETTE
AUGUST/SEPTEMBER 1996
discovery is sought - whether
documents sought to be discovered
relevant - whether discovery order
should be amended
plaintiffs entitled beneficially to house
as well as contents - Succession Act
1965, s. 90
suffering from depression - plaintiff's
father admitted to psychiatric hospital
operated by defendant -
plaintiff's
father committing suicide following
discharge - whether risk of suicide
assessed before discharge - whether
failure to assess risk of suicide
negligent - whether assessment
adequate
Betty Turner v. larnrod Éireann/lrish
Rail and Anor (Flood J) 14 February
1996
Personal injuries - plaintiff lived in
housing estate adjoining railway -
inadequate fence surrounding track -
plaintiff's child ran onto track -
plaintiff followed and in state of
agitation was tripped up by signal
wire - injuries sustained - whether
railway owed a duty of care to local
children to prevent them from
entering track - whether local
authority owed similar duty -
whether plaintiff's injuries consequent
on breach of aforesaid duty -
Railways Clauses Consolidation Act
1845, ss. 68, 73
REFUGEES
Refugee Act 1996 (No. 17 of 1996)
This Act was signed by the President
on 26 June 1996. (Cf. (1995) 13 ILT
307.)
ROAD TRAFFIC
Michael Stokes v. District Judge
Aidan O'Donnell, the DPP, Ireland
and the Attorney General (Laffoy J)
29 March 1996
Driving without insurance - certificate
produced - failed to produce a
certificate as defined by the Act -
presumption not rebutted - judicial
review -
judge acted
within
jurisdiction - order refused - Road
Traffic Act 1961, s. 56 - Road traffic
Act 1968, Part IV
TAXATION
Value-Added Tax (Special Scheme for
Means of Transport: Documentation)
Regulations 1996 (SI No. 201 of
1996)
These Regulations, which revoke and
replace the Value-Added Tax (Second
Hand Motor Vehicles) Regulations
1988, specify the documentation
required by a taxable dealer to deduct
residual tax in respect of certain
means of transport. The Regulations
came into operation on 1 July 1996.
Michael O'Grady (Inspector of Taxes)
v. Roscommon Race Committee
(Supreme Court) 26 March 1996
Income tax - capital allowances -
consultative case stated - appeal from
High Court - plant - race track - stand
at race track - whether stand
constituted plant
SOCIAL WELFARE
Pensions (Amendment) Bill 1995
This private member's Bill has been
passed by Dail Éireann. (Cf. (1996)
14 ILT 27.)
Social Welfare (Means Testing) Bill
1996
This private mamber's Bill, as
introduced by Mr joe Walsh, TD, aims
to implement the recommendations of
the Comptroller and Auditor General
in relation to means testing for social
welfare payments and to provide for
the reporting of illicit assets by the
Minister for Social welfare to the
Garda Síochána and/or the Revenue
Commissioners
SUCCESSION
Joseph O'Connell and Anor v. Bank
of Ireland and Anor (Barron J) 27
March 1996
Will - construction - extrinsic
evidence as to testatrix's intention -
admissibility - bequest of house
contents - no mention of house -
testatrix's intention to leave house as
well
as contents to plaintiffs
communicated to plaintiffs and to
friend - whether evidence admissable
- terms of the will - whether intention
of testatrix frustrated by manner in
which will drawn -
intention
frustrated by omission - whether
TORT
Civil Liability (Amendment) Bill 1996
This Bill, as presented by Senator
Maurice Manning, aims to increase
the maximum amount payable by way
of compensation for mental distress in
fatal injuries actions brought by
persons under the Civil Liability Act
1961 from £7,500 to £15,000. It
further aims to extend to cohabitants
and persons with a foreign divorce
entitled to recognition in the State, the
right to claim certain damages under
the 1961 Act.
Paul
Bolger
v.
Queally
Pig
Slaughtering Ltd (Barron J) 12 March
1996
Negligence - personal injuries -
employers'
liability
-
plaintiff
employed as boner - plaintiff applying
pressure with left arm during boning
process - plaintiff suffering injury to
his left arm and elbow - plaintiff
complaining
to
supervisors
supervisors taking no action - whether
employer negligent - whether injury
forseeable - whether employer
negligent in failing to respond to
plaintiff's compliants
Bridget Healy v. Northwestern
Health Board (Flood J) 1996
Negligence - medical negligence -
medecine - wrongful death - plaintiff
claiming on behalf of dependants of
plaintiff's father- -plaintiff's father
TRANSPORT
Transport (Dublin Light Rail) Bill
1996
This Bill has been passed by Dail
Éireann. (Cf. (1996) 14 ILT 178.)
TRUST
Powers of Attorney Act 1996 (No. 12
of 1996)
This Act was signed by the President
on 5 June 1996. (Cf. (1995) 13 ILT
204.)
Powers of Attorney Act 1996
(Commencement) Order 1996 (SI
No. 195 of 1996)
This Order brought the Powers of
Attorney Act 1996 into operation with
effect from 1 August 1996.
Enduring
Powers
of
Attorney
Regulations 1996 (SI No. 196 of
1996)
These Regulations prescribe: the form
of instrument creating an enduring
power of attorney under Part II of the
Powers of Attorney Act 1996; the form
of the notice of execution of an
enduring power to be given by the
donor to certain persons; and the form
of notice of intention to apply for
registration of such a power, to be
given by the attorney to those persons.
The Regulations came into operation
on 1 August 1996.
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