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GAZETTE
JULY/AUGUST 1988
Pract i ce
Notes
The Judgments Convention
and the
Maintenance Orders Act 1974
1. The
EEC C o n v e n t i on
on
J u r i s d i c t i on
a nd
t he
Enforcement of J u d gme n ts in
Civil and Comme r c i al Ma t t e rs
(the J u d gme n ts Convention) is
given the force of law in the
State by the Jurisdiction of
Cou r ts and En f o r c ement of
J u d gme n ts (European Com-
munities) Act, 1988 (No. 3 of
1988). The Convention is n ow
in force (since 1 June 1988)
b e t we en Ireland and Belgium,
Denmark, France, t he Federal
Republic of Germany, Italy,
Luxembourg, t he Netherlands
and t he United Kingdom.
2. M a i n t e n a n ce o r d e rs c o me
CORRESPONDENCE
(continued)
Add i son Sons & Madden
Avenue House,
Southgate, Chichester,
West Sussex P019 1ES
The Editor,
The Gazette,
The Law Society.
2 9 t h June, 1988
Dear Sir,
The Lawyers Fishing Club
of England and Wales
I am a member of c omm i t t ee of the
above named Club and, at a recent
meeting, it was considered t hat it
wo u ld be very pleasant to have
exchange events w i t h our angling
p r o f e s s i onal c o l l eagues in t he
British Isles.
w i t h i n t he s c o pe of t he
Con v en t i on. Sub j ect to t he
provisions of the Convention
and the transitional provisions
contained in Article 3 4 of the
1978 Ac c e s s i on Con v en t i on
(see Third Schedule to the 1988
Act) a maintenance order made
on or after 1 June 1988 in
another Con t r ac t i ng State will
be enforceable in Ireland, and
vice-versa.
3. Under an Ag r eement b e t we en
t h e
I r i sh
a nd
B r i t i sh
Governments special provisions
e x i s t
f or
t he
r e c i p r o c al
recognition and en f o r cement of
ma i n t enance orders b e t we en
Ireland and the United Kingdom.
The relevant Irish provisions are
contained in t he Ma i n t enance
Orders Act, 1974. The t w o
Gove r nmen ts have agreed to
c o n t i n ue t he Ag r e eme nt in
operation after t he entry into
f o r c e
of t h e
J u d g m e n t s
Conven t i on for bo th countries
(i.e. 1 June 1988). As a result
—in a case wh i ch comes w i t h in
the scope of the Maintenance
O r d e rs A c t ,
1 9 7 4,
t he
provisions of t hat Act will
apply, and
—in a case wh i ch is outside the
scope of the Ma i n t enance
Orders Act, 1974, but w i t h in
the scope of the Jurisdiction
I was asked to try to make
c on t a ct w i t h t hose w h o mi ght be
interested in such events which, we
envisage, wou ld take place annually
w i t h a venue in Scotland, Ireland,
Wales and England, on a rotating
basis.
As I understand it, there is no
Lawyers Fishing Club, as such, in
Eire but it wo u ld be kind if you
wou ld publish this letter in your
Gazete in t he hope t hat at least
some of the Irish Lawyers will wa nt
t o c o me i n t o our
p r o p o s ed
arrangements.
I invite any such ladies or gentle-
men to wr i te to me, at t he above
address, for any further information
wh i ch they may require, at this
stage.
Yours faithfully,
H. C. Frank W i c k h am - Sm i th
of Courts and Enforcement of
J u d gme n ts (European Com-
mu n i t i e s) Ac t, 1988, t he
provisions of the 1988 Act
will apply.
Law Division,
Depa r tment of Justice.
Deeds of Covenant in favour of
non-UK Resident Charities
The Policy Division of the United
Kingdom Inland Revenue has asked
the Revenue Commissioners to
advise interested parties of the
e f f e ct of Clause 35 of the Finance
(No. 2) Bill 1988.
The new provisions remove t he
r i g h t w h i c h p r e v i o u s ly
w a s
a v a i l a b le t o d e d u c t t ax
on
payments made out of income prior
to 15th Ma r ch 1988 in respect of
deeds of covenant in favour of non-
United Kingdom Resident Charities.
A n
e x c e p t i on
a p p l i es
f or
covenan t ed paymen ts in favour of
charities established under the laws
of the United K i ngdom wh i ch will
continue, as heretofore, to be
payable under deduc t i on of tax.
Chief Examiner,
Income Tax Claims Branch,
Of f i ce of t he
Revenue Commissioners.
N O T I CE
JURY ACT I ONS
The Courts Act, 1988, has
abolished the right to trial
w i t h a Ju ry in certain actions
claiming damages for personal
injuries to a person or t he
death of a person: the Act will
c ome into operation on 1st
August 1988.
Practitioners are requested
to inform t he Chief Registrar,
Four Courts, Dublin 7, of t he
list numbers of actions wh i ch
will con t i nue t o be entitled to
trial w i t h a J u ry n o t w i t h-
standing the provisions of the
Courts Ac t, 1988.
170