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owner of vehicle when it was used by third
party when user was not covered by policy of
insurance — Failure of user to produce on
demand such policy — No such demand made
on defendant — Whether presumption that no
policy in existence — Complaint properly
dismissed — Case stated — Road Traffic Act,
1961, ss. 56 (4) 69 - (1975 No. 553 SS. -
Gannon J. - 15/3/76).
Lyons
v.
Cooney.
Sentence
Detention — St. Patrick's Institution-
Prisoner serving sentence of imprisonment —
Appeal by prisoner to Circuit Court from
earlier sentence of detention imposed by
District Court — Sentence of detention
affirmed with variation — Circuit Court
purporting to postpone start of detention until
expiration of existing sentence of
imprisonment — Lack of jurisdiction _ —
Certiorari - (127/1976 - Supreme Court -
21/10/76).
The State (White)
v.
Martin.
Sentence
Mistake — Two months imprisonment —
Sentence recorded as "three months
imprisonment" — Judicial shorthand for
"convicted and sentenced to three months
imprisonment" — Order of certiorari
quashing sentence only —Effect of order —
Conviction and sentence not severable -
Conviction also quashed — Order prohibiting
District Justice from substituting "two
months imprisonment"- (39/1973 -
Supreme Court - 5/4/1976).
The State (Burke) v. o hUadhaigh.
Warrant
Validity — Sentence of 7 years penal servitude
be imposed — Sentence recorded on warrant
as "to be detained in military custody for a
period of 7 years" - Warrant held to be valid
- (189/75 - Supreme Court - 27/1/76).
The State (Flannery)
v.
Governor of Military
Detention Barracks.
DAMAGES
Assessment
Fault - Apportionment - Plaintiff claiming
damages for personal injuries caused by
alleged negligence of two defendants —
Question of liability of each party left to jury
— Question of degrees of fault of each party
also left to jury although trial judge ultimately
responsible for deciding those questions -
Civil Liability Act, 1961 s. 38 - (1974 No.
3554P - Murnaghan J. - 24/11/76) -
Interlocutory ruling during trial.
Lynch
v.
Lynch.
Assessment
House destroyed - Cost of rebuilding
plaintiff's house awarded as damages rather
than market value of destroyed house -
(1975 No. 3504P - Finlay P. - 30/7/76).
Munnelly
v.
Calcon Ltd.
Assessment
Inconvenience and discomfort — Breach of
building contract — Failure of defendant to
implement compromise — (1975 No. 4344 —
McWilliam J. - 22/6/76).
Murphy v. Quality Homes.
Assessment
Inconvenience and loss of enjoyment —
Breach of building contract - Defects in new
house — Assessment of cost of repairs —
(1974 No. 198P - McMahon J. - 19/5/76).
Johnson v. Longleat Properties.
Assessment
Ipjury resulting from death — Claim on behalf
of dependants of deceased —Wife and four
children — Posthumous child — Deceased
farmer with forty acres — Children too young
to suffer mental distress — Apportionment of
damages - (1975 No. 68P - Murnaghan J.
- 5/10/76).
O'Sullivan
v.
Coras Iompar Eireann.
Contract
Breach — Termination of commercial
agreement — Whether plaintiff's damages
limited to compensation for loss —Whether
such damages should deprive defendant of
unjust enrichment resulting from his breach —
Breach not calculated by defendant to obtain
benefit of unjust enrichment — Damages
restricted to compensation for loss — (1975
No. 1007P - Finlay P. 14/7/76).
Hickey & Co. Ltd., v. Roches Stores Stores
(Dublin) Ltd.
Contract
Breach — Termination of doctor's contract
for services — Three months' notice — Three
months salary in lieu of notice — Three
months profits for loss of authorised
concurrent private practice also awarded —
Expenses of removal awarded — (1964 No. 4
Sp. - Gannon J. - 9/7/76).
Murphy v. Mulligan.
DEFENCE FORCES
Member
Discharge —Natural justice — Audi alteram
partem — Rule ignored by Minister —
Member the holder of an office upon
statutory terms — Discharge invalid —
Defence Forces Regulations A. 10,
paragraph 58 (r) - Defence Act, 1954, s. 73
- (6/76 - Supreme Court - 1/7/76).
The State (Gleeson) v. Minister for Defence.
EMERGENCY POWERS
Police
Arrest — Suspect thought to have committed
offence — Release after expiration of
statutory period of detention — Suspect
arrested a second time in respect of the same
offence - Suspect not charged - Whether
second period of detention lawful — Habeas
corpus — Emergency Powers Act, 1976, s. 2
- (1976 No. 443 SS-Finlay P. - 12/11/76).
The State (Hoey) v. Commissioner of Garda
Siochana.
EJECTMENT
Trespasser
Building erected by trespasser — Owner
having no knowledge until building completed
in eighth year of ownership — Genuine
mistake by trespasser who nevertheless had
means of knowledge that he was trespassing
- Order for possession with stay to enable
defendant to pay value of site and damages —
Stay to be perpetual if payment made —
(1974 No. 2597P - Finlay P. - 28/7/76).
McMahon
v.
Kerry County Council.
EVIDENCE
Estoppel
Statutory power — Statutory power to be
exercised after specified event — Authority
exercising power before specified event —
Authority exercising power properly on
second occasion — Whether authority bound
by exercise of power on first occasion — No
estoppel in face of statute - (1976 No. 143
SS - McMahon J. - 24/6/76).
Greendale Building Co. v. Dublin County
Council.
Extradition
Foreign law — Application for leave to
adduce evidence of foreign law to establish
foreign warrant issued without jurisdiction —
Application refused wrongfully — (124/75—
Supreme Court — 1/6/76).
Gillespie v. The Attorney General.
HIGH COURT
Jurisdiction
Affiliation — Adaptation of High Court
procedure to produce procedure prescribed
by statute — Claim for maintenance in excess
of District Court jurisdiction - (212/75 -
Supreme Court - 29/7/76).
O. v. W.
HUSBAND AND WIFE
Infant
Custody — Failure of marriage — Daughter
aged 6 years and son aged 3 years — Custody
of both children awarded to mother — (1976
No. 77 Sp. - Hamilton J. - 17/6/76).
O'D. v. O'D.
Infant
Custody — Two sons and one daughter —14,
9 and 3 years — Mother remarrying after
divorce in England — Mother pregnant —
Children to continue in father's custody —
(1975 No. 244 Sp. - McWillaim J. -
26/1/76).
M. v. M.
Infant
Custody — Wife applying for sole custody for
purpose of taking child abroad — Intention of
wife to marry paramour abroad and to
change her religion for that purpose —
Husband alive within jurisdiction — Both
parents Catholics — No express mutual
promise at date of marriage to rear children in
that faith — Such promise implied
(In re May,
92 I.L.T.R. 1). Application refused and
custody awarded to father — (Parke J. —
4/2/76).
H.
v.
H.
Marriage
Nullity — Marriage not consummated —
Husband not impotent as such but only in
relation to wife — Marriage in 1969 — Decree
obtained in ecclesiastical court —Decree of
nullity granted to wife - (1/75 — Supreme
Court - 1/7/76).
S. v. S.
Property
Matrimonial home —Wife's application for
declaration of her estate or interest — Wife's
contribution on purchase of house — House
conveyed to husband and wife as joint tenants
— No reason to alter effect of conveyance at
common law — Wife not given and not
entitled to any interest in second house
purchased solely by husband — Married
Women's Status Act, 1957, s. 12 - (1976
No. 77 Sp. - Hamilton J. - 17/6/76).
O'D. v. O'D.
INDUSTRY
Apprentices
Training scheme — Statutory levy imposed on
employers — Constitution — Statute —
Validity - Delegated legislation - (1974 No.
3902P - McMahon J. - 28/5/76).
City View Press Ltd. i>. An Comhairle
Oiliunta.
(Training Board).