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GAZETTE
MARCH 1977
CRIMINAL LAW
Evidence
Admissibility — Evidence given under
compulsion of statute creating
offence of failing to give information
—Whether statement voluntary and
admissible - (Nos. 13 & 14 of 1976
— Court of Criminal Appeal —
31/1/77).
The People (D.P.P.) v. Walsh &
McGowan.
Evidence
Admissibility — Statement of accused
— Issue of admissibility determined at
trial — All material evidence given
and witnesses cross-examined during
determination of issue — Statement
ruled admissible by trial judge — On
resumption of trial formal evidence
given confirming evidence already
tendered — Sufficient compliance
with s. 41, sub-s. 4, of Offences
Against the State Act, 1939 - (Nos.
13 & 14 of 1976 - Court of
Criminal Appeal - 31/1/77).
The People (D.P.P.) v. Walsh &
McGowan.
Evidence
Admissibility — Statement of suspect
— P r o l o n g ed but r e gu l ar
interrogation — Release of suspect —
Statement subsequently made by
suspect to police — Statement
voluntary and admissible — (Nos. 13
& 14 of 1976 - Court of Criminal
Appeal - 31/1/77).
The People (D.P.P.) v. Walsh &
McGowan.
INFANTS
Custody
Father and aunts — Separation of
husband and wife — Wife caring for
four children in Ireland —Husband
living in England — Death of wife —
Re-marriage of husband in England
— Children in care of three aunts in
Ireland —Father seeking custody of
two children — Aunts appointed
guardians jointly with father —
Father refused custody — (1975 No.
300 Sp. — Murnaghan J. —
20/1/77).
Jeffrey v. Daniels.
LANDLORD & TENANT
Time Limit
Extension — New tenancy —
Business premises — Premises held
under sub-lease terminating in
September on expiration of landlord's
lease — Tenant's solicitor aware in
April of time of expiration of
landlord's lease — Statutory
requirement that tenant's notice of
intention to claim new tenancy be
served on landlord before June —
Tenant failing to serve notice because
of mistaken view of law by legal
advisers — Period for service
extended - (125/1976 - Supreme
Court - 21/1/77).
H. Wigoder & Co. v. Moran.
NEGLIGENCE
Occupier
Highway — Defendant occupier's
lorries breaking road surface
opposite entrance to defendant's
business premises — Fall of motor
cyclist opposite entrance — Cyclist
killed by following traffic — Nuisance
— Foreseeability — Defendant held
liable - (97/104-1976 - Supreme
Court - 21/1/77).
Wade v. Connolly.
NUISANCE
Occupier
Highway — Defendant occupier's
lorries breaking road surface opposite
entrance to defendant's business
premises — Fall of motor cyclist
opposite entrance — Cyclist killed by
following traffic — Defendant held
liable - (97/104 - 1976 - Supreme
Court - 21/1/77).
PRACTICE
Appeal
Discretionary order — Appellate
court not bound by exercise of
discretion by trial judge - (125/1976
- Supreme Court - 21/1/77).
H. Wigoder & Co.
v.
Moran.
Time Limit
Extension — Claim to new tenancy of
business premises — (See Landlord &
Tenant).
RATES
Assessment
Occupier — Liability — Defendants
not in occupation of transit sheds in
port of Dublin — Defendants not
liable for municipal rates levied by
plaintiffs - (124/1969 - Supreme
Court - 16/2/77).
Corporation of Dublin v. Dublin Port
& Docks Board.
WILL
Construction
Misdescription — Bequest to "my
nephew Denis Bennett" — No
nephew of that name — Testator
leaving brother of that name —
Extrinsic evidence — Intention of
testator to benefit nephew William
Bennett — William entitled under
bequest — Succession Act, 1965, s.
90 - (1974 No. 109 Sp. - Parke J.
- 24/1/77).
Bennett v. Bennett.