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GAZETTE
MAY-JUNE
CONSPIRACY
Breach of contract
Procurement — Decision of Manager
of national school to appoint plaintiff
as principal teacher — Successful
attempt by officials of trade union to
persuade manager to cancel decision
- Damages - (1975 No. 340IP -
Finlay P. - 25/2/77)
Cotter v. Ahern
CONTRACT
Breach
Damages — Building contract —
Inferior workmanship in interior of
good quality suburban house —
(1974 No. 928P - Parke J. -
10/2/77)
Fitzpatrlck
v.
McGivern Ltd.
Breach
Procurement — Tort —Decision of
manager of national school to
appoint plaintiff as principal teacher
— Successful attempt by officials of
trade union to persuade manager to
cancel decision — Damages — (1975
No. 340IP - Finlay P. - 25/2/77)
Cotter
v.
Ahern
CRIMINAL LAW
Extradition
Corresponding offence — Three
offences specified in English warrant
of arrest — English certificate stating
that first offence was indictable
offence being sufficient authority for
endorsement of warrant for execution
in Ireland — District Justice
empowered to make order under Part
III of Act if second offence
corresponded with offence under
Irish law of category required by
statute - (70/1976 - Supreme
Court - 7/3/77)
Molloy v. Sheehan
Extradition
Rule of speciality —Rule expressly
inserted in Part 2 of Act governing
relationship between Ireland and
countries other than U.K. — Rule not
included in Part 3 of Act governing
relationship between Ireland and
U.K. — Applicant returned from
England to Ireland under Irish
warrant which had been executed in
England — Applicant convicted in
Ireland for offences other than those
specified in Irish warrant —
Application for habeas corpus
dismissed - (1975 No. 263 SS -
McWilliam J. - 9/2/76)
The State (Whelan)
v.
Governor of
Mountjoy Prison
DAMAGES
Assessment
Fatal injuries — Deceased aged 18
years — Evidence of likelihood of
marriage lacking — Claims of
dependants — Statutory limit on
damages for mental distress —
Individual amounts to be calculated
without regard to limit — If total
exceeds Emit then shares to be
reduced proportionately to bring total
within limit — (155/1976 — Supreme
Court - 30/3/77)
Dowling v. Jedos Ltd.
Assessment
Income — General damages for
personal injuries —Whether income
derivable from investment of sum to
be awarded a valid factor to be
considered in assessing amount of
that sum - (143/1977 - Supreme
Court - 30/3/77)
Arnott v. O'Keeffe
Conspiracy
Breach of contract — Procurement —
Decision of manager of national
school to appoint plaintiff as
principal teacher — Successful
attempt by officials of trade union to
persuade manager to cancel decision
- (1975 No. 3401P - Finlay P. -
25/2/77)
Cotter
v.
Ahern
EVIDENCE
Damages
Fatal injury —Claim of dependants
— Death of son aged 18 years —
Contribution of son to dependants —
No evidence to ascertain probable
date at which son would have
married — Inferences drawn from
ages at which brother or sister
married not sufficient — Statistical
evidence required — (155/1976 —
Supreme Court - 30/3/77)
Dowling v. Jedos Ltd.
Estoppel
Acquiescence by defendant —
Whether plaintiff had satisfied proofs
required in Willmott v. Barber 15
Ch.D.96 — Right of way claimed by
plaintiff — Claim dismissed —
(Circuit appeal — Gannon J. —
7/3/77)
Dunne v. Molloy
JURY
Issues
Negligence — Each specific act or
omission alleged to constitute
negligence to be left to jury as distinct
issue, provided there is evidence to
support allegation — (143/1977 —
Supreme Court - 30/3/77)
Arnott v. O'Keeffe
Verdict
Civil action — Majority vote of nine
of the twelve jurors required —
Determination of nine issues in
reaching verdict — Same nine
members of jury must agree in
determining each issue —Courts of
Justice Act, 1924, s.95 - (143/1977
- Supreme Court - 30/3/77)
Arnott v. O'Keeffe
REAL PROPERTY
Easement
Right of way — Plaintiff claiming
right and relying upon alleged
acquiescence of defendant as
sufficient to estop latter — Claim
dismissed because proofs specified in
Willmott v. Barber 15 Ch.D. 96 not
satisfied — (Circuit appeal — Gannon
J. 7/3/77)
Dunne v Molloy
Lease
New building — No planning
permission — Whether breach of
covenant for quiet enjoyment — 1974
No. 928P - Parke J. - 10/2/77)
Fitzpatrick v. McGivern Ltd.
Partition
Farm of 144 acres — Division into
one-third and two-third — Fair
distribution of good, medium and
poor land — Question of fact —
(1974 No. 383 Sp. - McWilliam J.
- 2/2/77)
O'Brien d Cronin Ltd. v. Dillon
REVENUE
Income Tax
Capital allowances — Diminishment
— Trade carried on by a society —
"Any capital allowances or any
balancing charges under Part XVI"
— In context "capital allowances" not
restricted to those under Part XVI —
All capital allowances liable to be
diminished in accordance with s. 218
and s. 220, sub-s. 5, of Income Tax
Act, 1967 - (1976 No. 351R -
McWilliam J. - 13/2/77)
Irish Agricultural Wholesale Society
Ltd. v. MacDermott