The Gazette 1993

GAZETTE

APRIL

1993

concluded contract between the

parties, and the corresponding

principle that no such note or

memorandum which contains any

term or expression such as "subject to

contract" can be sufficient, even if it

can be established by oral evidence

that such a term or expression did not

form part of the originally orally

concluded agreement, achieves that

certainty."

Earlier decisions of the Supreme

Court in

Kelly

-v-

Park Hall School,

[1979] IR 340 and

Casey

-v-

Irish

Intercontintental

Bank

[1979] IR 366

were not followed or their dicta were

doubted. A considerable measure of

certainty has been restored to this

area of the law in so far as the use

of the words 'subject to contract' is

concerned. However, the difficult

question of what the "essential"

terms are which must be recited in

the note or memorandum still

survives.

Publications on Competition Law

Competition is the life-blood of

business; it is the oil which facilitates

the wheels of enterprise.

Competition entails a struggle,

rivalry or contention for custom and

business. It is one of the catchwords

of our time. Competition law is a

relatively new but important branch

of the law in Ireland.

"Competition is the life-blood of

business; it is the oil which

facilitates the wheels of

enterprise. Competition entails a

struggle, rivalry or contention for

custom and business."

A publication entitled

Competition

Authority: A Guide to Irish

Legislation on Competition

has

recently been published by the

Stationery Office. The purpose of

the Guide is to describe competition

law in Ireland and the manner in

which it is implemented. The rules

for competition are described in

chapter 2 which cover sections 4 and

5 of the

Competition Act, 1991.

There is a comparison of the

similarities and differences between

Irish and EC competition law.

Mention is also made of the

Competition Authority which is an

important body involved in the

implementation of competition

policy. Chapter 3 deals with

notification and the procedures of

the Competition Authority, and

describes how an individual

agreement may be notified and how

the Authority examines a notified

agreement and reaches its decision.

Other chapters deal with the abuse

of dominant position, mergers and

takeovers. This Guide can be

recommended to practitioners.

A companion volume,

EC Policy and

Competition,

a Guide for Irish

Business,

(1991), published by the

Stationery Office, is also available.

The Guide is intended to give a

broad conspectus of competition

policy in relation to undertakings in

the EC. It is intended to serve as a

guide for firms and trade

associations in assessing their

obligations and rights under the

Treaty of Rome. Again, this is a

booklet which can be recommended.

These publications may be purchased

directly from the Government

Publications Sale Office, Sun

Alliance House, Molesworth Street,

Dublin 2. Details are as follows:

Competition Authority: A Guide to

Irish Legislation

(PI 9199) Price: £4,

postage: 72p extra.

EC Policy on Competition: A Guide

for Irish Business,

4th Edition, 1991,

Stationery Office: (PI 8783) price

£2.00, postage: 72p extra.

•

NORTHERN IRELAND

AGENT

* Legal work undertaken on an agency basis

* All communications to clients through

instructing Solicitors

* Consultants in Dublin if required

Contact:

Seamus Connolly,

Moran and Ryan,

Solicitors

Arran House,

Bank Building,

35 Arran Quay,

Hill Street,

Dublin 7.

Newry, Co. Down.

Tel:(01) 725622

Tel: (080693) 65311

Fax: (01) 725404

Fax: (080693) 62096

Compensation Under the

Planning Acts

(Continued from page 104)

statutory formula before it can be

assumed, as a question of fact, that it

satisfies the requirement of being

understood by members of the public.

Conclusion

The Supreme Court in

Developments

failed to attempt any

working definition of traffic hazard

or to determine the general

principles to be applied in construing

non-compensatable reasons. Indeed

the judgment only served to

exacerbate the situation by relieving

the planning authorities from the

strict duty to follow the statutory

formula. A court must prescribe the

legal definition of a non

compensatable reason before

attempting to resolve whether a

particular reason stated is within

that definition. The present

formulation of the law muddies the

waters by concentrating on the

factual interpretation of the planning

decision, to the detriment of the

fundamental legal and constitutional

issues involved. A more incisive

approach is called for.

References

Unreported judgment of the Supreme

Court; 9 April, 1992; Finlay CJ,

Hederman, McCarthy, O'Flaherty,

Egan JJ.

1. Local Government (Planning &

Development) Acts, 1963-1992.

2. Section 55 of LG (P&D) Act, 1963,

since amended by the LG (P&D) Act,

1990.

3. [1987] ILRM 659.

4. [1987] ILRM 659 at 664.

5. Ibid

6. At page 5 of the transcript.

7. Per McCarthy J in

In re Grange

Developments

[1987] ILRM 245 at

253 and restated in

85 Developments

itself by Finlay CJ at page 12 of the

transcript.

Central Dublin Properties

-v-

109

ILTR 69 at 86.

9. Unreported, O'Hanlon J, 8 June,

1988.

10. 78 ILTR 47 at 48.

11. At page 9 of the transcript.

12. Present in the planning authorities

decision.

13. At page 6 of the transcript.

•

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