The Gazette 1996

GAZETTE

NOVEMBER 1996

(Supreme Court) 27 June 1996

Summary judgment granted in High

Court on foot of guarantee - appeal -

whether defendant should be given

leave to defend - whether defendant

had had real or bona fide defence -

whether guarantee had been executed

subsequent to loan and was,

therefore, void for past consideration

Joseph Dowling and Anor v. Armour

Pharmaceutical Company Inc. and

Ors (Morris J) 18 April 1996

Third party procedure - defendant

applying to join third party - plaintiff

applying to join proposed third party

as co-defendant - whether application

brought as soon as reasonably

possible - whether third party

procedure appropriate - Civil Liability

Act 1961, ss. 11, 27(1 )(b) - Rules of

the Superior Courts 1996, O. 16, r.

1(3), O. 15, r. 13

Michael O'Connor v. Commercial

General and Marine Limited and

Anor (Morris J) 18 April 1996

Service - plenary summons - notice of

summons - claim for monies due

under policy of insurance - defendant

company incorporated in Belgium -

plenary

summons

served

defendant at address in Belgium -

defendant applying to set aside

service - whether service effected in

accordance with Rules of the Superior

Courts - Rules of the Superior Courts

1986, O. 11, r. 8, O. 12, r. 26 - Rules

of the Supreme Court (Ireland) 1891 -

Convention on Jurisdiction and the

Enforcement of Judgments in Civil and

Commercial Matters 1968

Irish Asphalt Ltd v. An Bord Pleanála

and Ors (Supreme Court) 22 May

1996

Planning law - statutory interpretation

- appeal from decision of planning

board or authority - application for

judicial review - decision of High

Court on application for judicial

review final and conclusive except in

cases

exceptional

public

importance - leave for judicial review

refused - certificate for leave to

appeal to Supreme Court refused -

appeal against both refusals - whether

appeal lies to Supreme Court -

whether Supreme Court can certify a

case as appealable where High Court

has refused - Constitution of Ireland

1937, Art. 34.4.3° - Courts of Justice

Act 1924, s.29 - Local Government

(Planning and Development) Act

1963, s. 82(3) a, b - Local Govern-

ment (Planning and Development) Act

1992

PRISONS

Michael McHugh v. Minister for

Justice and Ors (Supreme Court) 7

June 1996

Prisoner - sentence of imprisonment -

temporary release - discretion of the

Minister - whether court had power to

intervene - Criminal Justice Act 1960,

ss. 2, 5 - Prisoners (Temporary

Release) Rules 1960, r. 3

TELECOMMUNICATIONS

Telecommunications (Miscellaneous

Provisions) Bill 1996

This Bill, as presented by the Minister

for Transport, Energy and Commun-

ications, aims to establish an office of

Director of Telecommunications

Regulation. This Office would assume

the Minister's functions in relation to

the

regulation

the

tele-

communications, radio commun-

ications and cable television sectors.

The Bill, if passed, would provide for

the Office's expenses to be funded by

means of a levy imposed on the

providers of telecommunications

services. The Bill also aims to enable

the issue and transfer of shares in

Telecom Éireann and entry into

agreements in connection with the

sale and issue of equity in that

company.

TORT

Valerie Coppinger v. The County

Council of Waterford and Ors

(Geoghegan J) 22 March 1996

Loss of consortium - damages -

plaintiff's husband seriously injured in

road traffic accident - High Court

finding plaintiff's husband guilty of

contributory negligence to the extent

of 75 per cent - measure of damages

- whether plaintiff's damages should

be reduced by reason of finding of

contributory negligence -

Civil

Liability Act 1961, s. 35(2) - Civil

Liability (Amendment) Act 1964, s. 4

Brigid Ellen McCole v. Blood

Transfusion Service Board and Ors

(Laffoy I) 11 June 1996

Medical

negligence

blood

transfusions - Anti-D injections

administered to plaintiff - donor

suffered from hepatitis - blood

products tainted with hepatitis

infection - plaintiff infected with

hepatitis - proceedings issued -

plaintiff sought leave to deliver

interrogatories - defendant disputed

interrogatories - principles to be

applied when leave sought to deliver

interrogatories - whether plaintiff

entitled to deliver interrogatories -

Rules of the Superior Courts 1986, O.

31, r. 1

James Kelly v. Michael McNamara &

Co. (Budd J)

June 1996

Negligence - personal injury -

assessment of damages - principles tc

be applied - occupational injury

insurance

sub-contractor

contributory negligence - whethei

plaintiff covered by insurance -

whether plaintiff guilty of contributory

negligence - Factories Act 1955, s.3/

- Safety in Industry Act 1980, s. 12 -

Construction (Safety, Health anc

Welfare) Regulations 1975

Patrick Merriman v. Greenhills Food!

Ltd and Anor (Supreme Court) 2Í

June 1996

Negligence - personal injuries - ref

ipsa loquitor - whether principle

applicable - plaintiff employed a:

driver by defendant -

injurie:

sustained when truck suddenly turner

off road - noise from truck heard ty

plaintiff shortly before accident -

cause of accident - fracture of leaf o

spring - no explanation forthcoming -

no evidence of degeneration in spring

- trial judge's acceptance of plaintiff':

account of truck's steering failure bu

action dismissed - appeal - whethc

unfair to put on defendant the burder

of explaining the leaf fracture

TRANSPORT

European Communities (Access t<

Railway Infrastructure) Regulation:

1996 (SI No. 204 of 1996)

The purpose of these Regulations is tc

give effect to articles 2 and 10 o

Council Directive 91/440/EEC on the

development of the Community':

railways and, in particular, to set ou

the

conditions

under

whicl

international groupings and railwa*

undertakings shall be granted acces

to Ireland's railway infrastructure.

IRISH LAW JIMtS, (X lOBER l')'»i>

24: