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GAZETTE
AUGUST/SEPTEMBER
199
Consumer Affairs shall monitor all con-
sumer charges by credit institutions and,
for that purpose, would repeal s.28 of the
Central Bank Act 1989.
European Communities (Unfair Terms in
Consumer Contracts) Regulations 1995
(SI No. 27 of 1995)
These Regulations give effect to Council
Directive 93/13/EEC (of 5 April 1993) on
unfair terms in consumer contracts. A
term shall be regarded as unfair if, con-
trary to the requirement of good faith, it
causes a significant imbalance in the par-
ties' rights and obligations under the con-
tract to the detriment of the consumer.
'Consumer' means a natural person who is
acting for purposes which are outside his
business. The Regulations will apply to all
consumer contracts concluded after 31
December 1994. Cf. also (1995) 13 ILT
90.
EMPLOYMENT
Adoptive Leave Act 1995
The Adoptive Leave Bill 1993 was passed
by both Houses of the Oireachtas on 9
March 1995 (cf. (1995) 13 ILT 91).
Adoptive Leave Act 1995 (Commence-
ment) Order 1995 (SI No. 64 of 1995)
This Order brought the Adoptive Leave
Act 1995 into operation on 20 March
1995.
ENVIRONMENTAL
Environmental Protection Agency Act
1992 (Established Activities) Order 1995
(SI No. 58 of 1995)
This Order, which should be read in con-
junction with s.82(3) of the Environmental
Protection Agency Act 1992, specifies the
various dates (between 29 May 1995 and
1 March 1996) on or after which the
established activities concerned are
required to have applied to the
Environmental Protection Agency for an
integrated pollution control licence.
INQUESTS
Coroners (Amendment) Bill 1995
This private member's Bill, introduced by
Mr Willie O'Dea, TD, aims to allow
Coroners to bring in a verdict of suicide. It
would also allow Coroners to be paid trav-
elling, subsistence and out-of-pocket
expenses as well as expenses for main-
taining an office and secretarial staff.
INTERNATIONAL LAW
John McElhinney v. Anthony Williams
and Her Majesty's Secretary of State for
Northern Ireland:
High Court (Costello J)
[1994] 2 ILRM 115
Constitution - Soverign immunity -
Alleged assault by British soldier within
the State - Scope of the doctrine of
soverign immunity - International law
principle of reciprocity - Right to bodily
integrity - Right to claim redress in the
courts - Constitutional recognition of prin-
ciples of international law
Practice - Affidavit - Cross-examination of
deponent - No need for cross-examina-
tion where court is not deciding contro-
versial questions of fact
LOCAL GOVERNMENT
Maurice Downey
v.
John O'Brien:
High
Court (Costello J) [1994] 2 ILRM 130
Negligence - Sale of shares owned by
Waterford Harbour Commissioners -
Purchase price determined by reference to
net asset value of company - Life assurance
policies valued in accordance with surren-
der value and not cost price - Provision for
deferred taxation deducted in calculating
net asset value - Standard Statement of
Accounting Practice - Surcharge imposed
by local government auditor on chairman
of commissioners and general manager -
Natural justice - Prior warning given by
auditor to commissioners as to reservations
regarding the transaction before imposing
the charge - Local Government (Ireland)
Act 1871, s.12 - Local Government
(Ireland) Act 1902, s.20 - Companies
(Amendment) Act 1986
Dublin County Council v. West Link Toll
Bridge Ltd:
High Court (Geoghegan ))
[1994] 2 ILRM 204
Rating - Agreement for establishment and
operation of toll road - Whether defendant
in occupation of rateable hereditaments -
Whether tolls were privately occupied
incorporeal hereditaments - Whether
offices, stores and car parks ancilliary to
tolls rather than public road - Whether
tolls exclusively for public purposes and
within exemption from rating - Poor Relief
(Ireland) Act 1838, s.63 - Local
Government (Toll Roads) Act 1979, s.9
County Meath Vocational Education
Committee v. David Joyce and Ors:
High
Court (Flood j) [1994] 2 ILRM 210
Planning and development - Respondents
established camp site near school -
Applicant sought injunction restraining
unauthorised use of roadside near school
- Local Government (Planning and Dev-
elopment) Act 1976, s.27
Housing Authority - Definition of homeless
person - Housing requirements of persons
who pursue nomadic way of life - Whether
statutory obligation upon housing authority
to provide housing or serviced sites for
travelling persons - Housing Act 1966,
s.111 - Housing Act 1988, ss.2, 9, 11, 13
PLANNING
Local Government (Planning and Dev-
elopment) Regulations 1995 (SI No. 69 of
1995)
These Regulations make a number of
amendments to the Local Government
(Planning and Development) Regulations
1994 (SI No. 86 of 1994). The changes
made relate to exempted development,
the requirements and procedures in
respect of planning applications, Part X of
the 1994 Regulations and prescribed forms.
PRACTICE AND PROCEDURE
Sean
O'Fearail v. Colm McManus:
Supreme Court (O'Flaherty, Egan and
Denham JJ) [1994] 2 ILRM 81
Solicitor coming off record - Contract of
motor insurance - Solicitor instructed to
act in respect of claim for assault and bat-
tery against injured party - Subsequent
repudiation of liability by the insurance
company - Rules of the Superior Courts
1986, 0.7, r.3
William Burke and Ors v. Central
Independent Television pic:
High Court
(Murphy J) Supreme Court (Finlay CJ,
O'Flaherty, Egan, Blayney and Denham
JJ) [1994] 2 ILRM 161
Discovery - Privilege - Dicscovery of doc-
uments which might endanger human life
- Television programme alleging connec-
tions with terrorist organisation - Action
claiming damages for libel brought in
respect of programme - Order for discov-
ery - Claim that documents should not be
produced because the disclosure of the
information would endanger informers
and undercover police officers—Whether
discovery could be ordered on the basis
that only lawyers involved in the case
would inspect documents
Constitution - Balancing of Constitutional
rights - Priority of right to life over right to
resort to the courts and right to protection
and vindication of good name
Defamation - Libel - Pleading -
Distinction between plea of justification
and defence of fair comment on matters of
public interest - Plea of fair comment
inappropriate where simply asserting that
a purported statement of fact is accurate
REAL PROPERTY
Land Act 1965 (Additional Categories of
Qualified Persons) Regulations 1995 (SI
No. 56 of 1995)
These Regulations add to the list of qual-
ified persons under s.45 of the Land Act
1965 persons whose principal place of
residence is in a Member State of the
European
Communities
or other
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