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GAZETTE
NOVEMBER 1996
supply of medicinal products to the
public.
They also establish the
classification for supply of medicinal
products with a view to giving effect,
on an on-going basis, to Council
Directive 92/26/EEC (of 31 March
1992) concerning the classification for
supply of medicinal products for
human use.
HEALTH SERVICES
Health (Amendment) Act 1996
(Commencement) Order 1996 (SI
No. 255 of 1996)
The purpose of this Order is to bring s.
2 of the Health (Amendment) Act
1996 into operation with effect from
23 September 1996
Health
Act
1970
(Section
76)(Adelaide and Meath Hospital,
Dublin, Incorporating the National
Children's Hospital) Order 1996 (SI
No. 228 of 1996)
This Order establishes, under s. 76 of
the Health Act 1970, a body corporate
to be known as the Adelaide and
Meath
Hospital,
Dublin,
Incorporating the National Children's
Hospital and situated at Tallaght. The
Order came into operation on 1
August 1996.
MENTAL HEALTH
James Bailey v. Patrick Gallagher
(Supreme Court) 23 May 1996
Mental health - doctor signing
certificate for reception and detention
of plaintiff as involuntary patient -
necessity for leave from High Court to
issue proceedings against doctor
alleging negligence, false imprison-
ment and defamation - powers and
duties of doctor under mental health
legislation - plaintiff removed from
home and detained in Garda station
pursuant to certificate - doctor
directing release of plaintiff following
phone call from solicitor - medical
examination on which certificate
based made outside statutory limit -
whether reception and detention
order valid - whether detention by
Gardai lawful - duty on applicant to
inform person concerned of nature of
certificate and opportunity for second
examination - Constitution - access to
the courts - requirement that High
Court be satisfied substantial grounds
exist for contending defendant acted
in bad faith or without reasonable
care - degree of proof required before
leave
granted
-
meaning
of
'substantial' - whether evidence to
support finding of bad faith or want of
reasonable care on doctor's part in
signing certificate - consequences of
invalid certificate and detention in
Garda station - whether doctor acted
in bad faith - whether doctor acting
under 1945 Act - whether substantial
grounds for contending detention
unlawful and due to want of
reasonable care on doctor's part -
whether leave to issue proceedings
should be granted - Mental Treatment
Act 1945 - Mental Treatment Act
1953, s. 5 - Mental Treatment Act
1961, s. 8
NEGLIGENCE
Derek
Richards
v.
Dublin
Corporation and Motor Insurers
Bureau (Supreme Court) 12 June
1996
Road traffic accident - cyclist -
unknown driver - motor insurers
bureau - whether accident occurred
in a public place - cyclists allowed in
park - park a public place - Road
Traffic Act 1981
PLANNING AND DEVELOPMENT
Thomas Cullen v. Wicklow County
Manager and Wicklow County
Council (McCracken J) 13 June 1996
Local authority - zoning of lands -
proceedings
-
information
obligation to make available - works
carried out by owner on lands in
contravention of zoning - proc-
eedings taken against owner - file in
relation to proceedings amassed by
law agent of county council - county
council chairman's written request to
secretary - concern at status of lands
at issue - formal request for all papers
concerning lands - access to law
agent's file refused - statutory
obligation on county manager to
make available 'information' - extent
of obligation - whether request made
in accordance with statute - nature of
information covered by obligation -
County Management Act 1940 (No.
12), s. 27
Patrick McNamara v. An Bord
Pleanála and Ors (Barr J) 10 May
1996
Planning Law - planning permission -
permission granted - conditions to
permission - application for judicial
review - grounds of opposition - time
limit of two months for forwarding
grounds of opposition to affected
party -
supplemental affidavits
submitted after two month time limit -
affidavits disclosing new grounds of
opposition - permission challenged
for being contrary to evidence and
sense - planning board left certain
matters to be agreed between the
parties - whether new grounds of
opposition were submitted out of time
- whether grounds of opposition in
original documentation sufficient or
specific enough to include new
grounds - whether new grounds of
opposition could be inferred from the
grounds originally submitted
whether planning board was entitled
to leave certain matters to be decided
between the parties - whether there
was an improper delegation of
responsibility by the planning board -
whether advertisement published by
the developer complied with the
statutory requirements - whether
permission granted was contrary to
the evidence and common sense -
Local Government (Planning and
Development) Act 1963, ss. 26(1),(2),
82(3A),(3B)(a)(i) - Local Government
(Planning and Development) Act
1976, s. 14(4) - Local Government
(Planning and Development) Act
1992, s. 90(3); Local Government
(Planning
and
Development)
Regulations 1977, art 15(c) - Rules of
the Superior Courts 1986, O. 84, r.
20(2)
PRACTICE AND PROCEDURE
Solicitors (Professional Names/ Note-
paper) Regulations 1996 (SI No. 178
of 1996)
These Regulations introduce certain
restrictions on the names under which
a solicitor or a firm of solicitors may
practice. They further prescribe the
information which may or may not
appear on the nameplate and
professional notepaper of the practice.
The Regulations, which came into
operation on 1 October 1996, do not
supersede the Registration of Business
Names Act 1963, the provisions of
which continue to be applicable to
professional names and notepaper.
Ann Foran v. Erwin Cobbe and Anor
(Supreme Court) 13 June 1996
Personal injuries - appeal from High
Court to Supreme Court - further
evidence - new trial - plaintiff's
action dismissed by High Court -
plaintiff appealing to Supreme Court -
further evidence available subsequent
to trial - whether new trial should be
directed
First National Commercial Bank pic
v. John Joseph Francis Anglin
246
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