The Gazette 1995

GAZETTE

UGUST/SE

TEMBE

R 1995

Recent Irish Cases

Edited by Raymond Byrne, BCL, LLM, BL, Lecturer in Law,

Dublin City University

The following case summaries have been reprinted from the

Irish Law

Times and Solicitors Journal

with the kind permission of the publishers.

ADMINISTRATIVE

Winter Time Order 1994 (SI No. 395

of 1994)

This order (relating to the years 1995,

1996 and 1997) varies the periods of

winter time (and consequently sum-

mertime) as provided for in the Stand-

ard Time (Amendment) Act 1971.

The Order has the effect of causing

summer time to begin one week later

in 1995 and two weeks later in each

of the following two years. Summer

time will end one week earlier in

1995. The Order also provides that

the change from one period of time to

another will be at 1a.m. and not at

2a.m. as was previously the case. The

Order gives effect to EU Directive 94/

21/EC (of 30 May-1994).

AGRICULTURE

Milk (Regulation of Supply) (Estab-

lishment of National Milk Agency)

Order 1994 (SI No. 409 of 1994)

This Order establishes the National

Milk Agency as and from 30 Decem-

ber 1994. The Cork and Dublin Dis-

trict Milk Boards are abolished by SI

No. 410 of 1994 and SI No. 411 of

1994 respectively. The Order brings

into effect the Milk (Regulation of Sup-

ply) Act 1994: see (1995) 13 ILT 45.

COMMERCIAL

Terex Equipment Ltd v Truck and

Machinery Sales Ltd:

High Court

(Barron J) [1994J1 ILRM 557

Billsof Exchange-Payment for Equip-

ment-Bills Dishonoured-Allegation

of defective equipment and fraud-

Whether agreement to waive bills-

Whether allegation of fraud could

defeat validity of bills-Whether stay

should be granted-Bills of Exchange

Act 1882.

European Communities (Non-Life In-

surance) Framework Regulations

1994 (SI No. 359 of 1994)

These Regulations give effect to the

Third Non-Life Insurance Framework

Directive (92/49/EEC-OJ No. L 228/

1) which institutes a single authorisa-

tion system of supervision of insur-

ance undertakings operating through-

out the European Communities

whereby insurance undertakings

transacting business on either a cross-

border or branch basis will be subject

to the overall supervisory control of

the supervisory authority where their

head offices are located. The Regula-

tions require non-life insurance un-

dertakings to furnish information and

statistical documents necessary for

supervision purposes to the Minister.

The Regulations introduce revised

rules for the valuation of underwrit-

ing liabilities and assets and revised

requirements for localisation of as-

sets. The regulations provide that any

significant increase or decrease in

shareholdings in an insurance under-

taking will be notified in advance to

the Minister. The Regulations also

include certain information require-

ments which insurance undertakings

must disclose to policyholders when

an insurance contract is being ef-

fected. Insurers underwriting third

party motor insurance will continue

to be subject to existing requirements

including the necessity for services

insurers to appoint a claims repre-

sentative in the State to handle third-

party insurance claims. The Regula-

tions incorporate a number of con-

sumer protection measures includ-

ing provisions which oblige insur-

ance undertakings to comply with

the general good requirements of the

State as specified. These Regulations

have the effect of amending or modi-

fying certain provisions of the Insur-

ance Acts 1909 to 1989 and previous

Regulations made under the Euro-

pean Communities Act 1972. The

Regulations came into force on 8

December 1994.

European Communities (Life Assur-

ance) Framework Regulations 1994

(SI No. 360 of 1994)

These Regulations give effect to the

Third Life Assurance Framework Di-

rective (92/96/EEC - OJ No. L 360/1)

which institutes a single authorisa-

tion system of supervision of insur-

ance undertakings operating through-

out the European Communities

whereby insurance undertakings

transacting business on either a cross-

border or branch basis will be subject

to overall supervisory control of the

supervisory authority where thei r head

offices are located. The Regulations

also implement relevant provisions

of the Second Life assurance freedom

of services Directive (90/619/EEC -

OJ No. L330). The Regulations re-

quire life assurance undertakings to

submit statutory returns to the Minis-

ter for Enterprise and Employment in

the format set out in the Schedules to

these Regulations. They also require

an actuarial investigation to be car-

ried out annually and introduce re-

vised rules for the valuation of under-

writing liabilities and assets and re-

vised requirements for localisation of

assets and the treatment of

reinsurance. The regulations provide

that any significant increase or de-

crease in shareholdings in an insur-

ance undertaking will be notified in

advance to the Minister. The Regula-

tions introduce a mandatory fifteen-

day 'cooling off' period for policy-

holders taking out most types of life

assurance. The Regulations also in-

troduce disclosure requirements for

insurers obliging them to furnish in-

formation about the insurance com-

pany as well as information about the

commitment and pertinent changes

during the term of the insurance con-

tract. The Regulations contain provi-

sions which oblige insurance under-

takings to comply with the general

good requirements of the State as

specified. They also provide for reci-

procity measures regarding life assur-

ance activities in third countries.

These Regulations have the effect of

amending or modifying certain pro-

visions of the Insurance Acts 1909 to

1989 and previous Regulations made

under the European Communities Act