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GAZETTE
SEPTEMBER 1988
The Federal Republic of Germany,
Italy, Luxembourg, The Netherlands
and the United Kingdom.
The President of the High Court
1st June, 1988.
Air Navigation and
Transport Ac t, 1988.
This Act was s i gned by t he
President on 22 June, 1988.
The legislation promotes the en-
forcement of civil aviation security,
incorporates the Protocols wh i ch
amend the strict liability and limi-
tation of damages system of the
Warsaw Convention for Interna-
tional Air Transport and includes
miscellaneous provisions for the
Government Department and com-
mercial enterprises involved w i t h
Civil Aviation.
The Act includes the Protocols in
its schedules and is available at the
Go v e r nme nt Pub l i ca t i ons Sale
Office for £2 . 20 plus postage. Q
App l i cat i ons to the
Master of the Hi gh Court
in Infant cases for
payment out.
To avoid the situation where the
expenses allowed on application
are not sufficient to cover the
applicant's outlays the Litigation
C o mm i t t ee r e c omme n ds t h a t
solicitors should bring their outlays
to the notice of the Master before
costs are fixed.
NOTICE
Ju ry Actions
The Courts Act 1988 has abolished
the right to trial w i t h a Jury in
certain actions claiming damages
for personal injuries to a person or
the death of a person: the Act came
into operation on 1st August 1988.
Practitoners are requested to
inform the Chief Registrar, Four
Courts, Dublin 7 of the list numbers
of actions wh i ch will continue to be
entitled to trial w i t h a Jury having
regard to the provisions of the
Courts Act, 1988.
Practice Direction
Wi th e f f ect f r om 1st August 1988,
Personal Injuries actions and Fatal
Injuries actions wh i ch are not
entitled to trial w i t h a jury may be
set d own for trial by a judge alone
at any of the following coun ty
venues - Cork, Limerick, Galway,
Sligo, Dundalk, Kilkenny w i t hout
prior applications to the Court.
Jury actions may not be set
d own for trial at the aforemen-
tioned venues w i t hout an order of
the Court.
Personal Injuries Actions and
Fatal Injuries Actions already set
d own for trial w i t h a jury at the
aforementioned venues will be tried
at the respective venues by a judge
alone.
•
Court Stamp i ng
Mach i nes
The Technology Commi t t ee has
arranged for a number of franking
machines for court stamps to be
supplied to the profession, subject
to Department of Justice licencing
at a price of £ 7 5 0 . 00 plus Value
Added Tax at 2 5%. There is an
additional charge of £125 . 00 per
annum, payable to the Department
of Justice for inspection fees.
The ma i n t e n a n ce cha r ge is
£ 7 2 . 00 per annum, wh i ch covers
all parts, labour, warranty and free
replacement of the machine by the
suplier in the event of a total failure.
For futher information please
contact Mr. Oliver Flynn, Sales
Manager, Pitney Bowes Ireland
Limited, Parkmore Industrial Estate,
Long Mi le Road, Du b l in 12
(telephone 5 0 2 2 5 2 / 5 6 2 7 3 3 ).
•
Payment of Deposits
Further Warning
In the a f t e rma th of the Supreme
Court decision in the case of
Roche
-v- Pei/ow
t he Co n v e y a n c i ng
Committee strongly recommended
steps that should be taken by a
purchaser's solicitor in order to
p r o t e ct t he mon i es (including
deposits and stage payments) of a
new house buyer against t he
adverse c on s equen c es of t he
vendor c omp a ny g e t t i ng i n to
f i n a n c i al d i f f i c u l t i es p r i or t o
completion. These steps included
t he mak i ng of a p r e - con t r act
Companies Office search against
the vendor company and the insis-
tence, where possible, that the
purchaser's monies be held by the
vendor's solicitor as stakeholder
pending completion.
The Commi t t ee has now been
made aware that a large firm of
builders is still insisting that monies
paid under the Building Agreement
be released to t h em prior to
completion. The Committee recom-
mends that solicitors acting for
purchasers of new houses strong-
ly resist this practice and insist that
all monies be held by the vendor's
solicitor as stakeholder pending
completion.
If the vendor company insists on
monies being paid directly to it
either by way of deposit or stage
payment, the purchaser's solicitor
must fully advise his client of the
possible risks of the monies being
lost in the event of the vendor
company getting into financial
difficulties. If the purchaser is
willing to proceed on the basis that
monies will be paid to the vendor
company directly, the purchaser's
solicitor should set out his advices
in wr i t i ng to the purchaser prior to
the execution of the contracts and
prior to the payment of any monies
to the vendor company.
•
DOCUMENT
EXAMINATION
LEGAL AID
CASES
UNDERTAKEN
M. Ansell, M.A.,
98 The Broadway,
Harna Bay,
Kant CT6 8EY,
England
Tel. (03 02273) 67929 (24 Hours)
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