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-GAZETTE
JULY 1995
(Efficency Requirements for New Hot
Water Boilers Fired with Liquid or
Gaseous Fuels) Regulations 1994 (SI
No. 260 of 1994). The Regulations
came into effect on 23 March 1995.
INTELLECTUAL PROPERTY
Phonographic Performance (Ireland)
Ltd v. William Cody and Or
High Court
(Keane J) [1994] 2 ILRM 241
Copyright - Causing sound recordings
to be heard in public without the
payment of equitable remuneration to
the copyright owner - Property rights of
copyright owner - Copyright Act 1963,
ss.17(4)(b), 31, 32, 60(4) - Constitution
of Ireland 1937, Articles 40.3.2, 43.1
Practice - Pleading - Inconsistent
alternative defences - No prejudice,
embarassment or delay to the plaintiff -
Rules of the Superior Courts 1986,
0.19, r.27
Practice - Proof of facts by affadavit
instead of oral evidence - proof of
copyright in sound recordings and
ownership of that copyright - Witnesses
residing outside jurisdiction - Rules of
the Superior Courts-1986, 0.39, r.1
PLANNING AND DEVELOPMENT
Local Gqvernment (Planning and
Development)(No. 2) Regulations 1995
(SI No. 75 of 1995)
These Regulations amend the Local
Government (Planning and Develop-
ment) Regulations 1994 (SI No. 86 of
1994) to provide for the making
available for public inspection of
documents relating to planning appeals
and other matters determined by An
Bord Pleanála. In any such case
received by An Bord Pleanála on or after
10 April 1995, the documents,
including the inspector's report, will be
available for inspection for a period of
five years commencing on the third
working day following the day on which
An Bord Pleanála makes its decision. It
will be possible also to obtain a copy of
all or part of any such document, except
a plan or other drawing or a photograph.
PRACTICE AND PROCEDURE
Eileen Calvin v. Mary Craham-Twomey
High Court (O'Flaherty )) [1994] 2
ILRM 315
Discovery - Defamation - Claim that
plaintiff libelled in letters sent by
defendant to third parties but which
plaintiff had not seen - Whether
discovery can be used to allow a party
to plead a cause of action which has
hitherto not been pleaded
Angelo Fusco v. Edward O'Dea
Supreme Court (Finlay C|, Egan and
Blayney JJ) [1994] 2 ILRM 389
Discovery - Extradition proceedings -
Whether discovery could be obtained
against a third party who was outside
the jurisdiction - Circumstances in
which discovery could be obtained
against a foreign government
-
Extradition Act 1965 - Rules of the
Superior Courts 1986, 0.11,0.31, r.29
Public jnternational law - State immunity
- Whether order for third party discovery
could be made against soverign state
ROAD TRAFFIC
Road Traffic Bill 1995
This Bill, as presented by Senator
Maurice Manning, aims to amend the
disqualification requirements of s. 26 of
the Road Traffic Act 1961 (as inserted by
s. 26 of the Road Traffic Act 1994).
Road Traffic Act 1994 (Commencement)
Order 1995 (SI No. 86 of 1995)
This order brought ss. 40, 41 and 47 of
the Road Traffic Act 1994 into operation
on 19 April 1995 and s. 43 of the same
Act into operation on 1 June 1995.
Road Traffic Act 1994 (Section 41)
Regulations 1995 (SI No. 89 of 1995)
These Regulations give effect to the
provisions of s. 41 of the Road Traffic
Act 1994 and outline the procedures
governing the detention, removal,
storage and subsequent release or
disposal of vehicles detained under that
section. The Regulations came into
effect on 19 April 1995.
Road Traffic Act 1961 (Section
103)(0ffences) Regulations 1995 (SI
No. 87 of 1995)
These Regulations, which replace
previous Regulations made under the
Road Traffic Act 1961, declare the
offences to which s. 103 of that Act
applies. The Regulations also provide the
form of notice which may be affixed to a
vehicle or given to a person by a member
of the Garda Síochána or Authorised
Person who alleges that an offence has
been committed. The Regulations also
prescribe the amounts which a person,
who is liable to be prosecuted, may pay
as an alternative to the institution of a
prosecution. The Regulations came into
effect on 1 June 1995.
Local Authorities (Traffic Wardens) Act
1975 (Section 3)(Offences) Regulations
1995 (SI No. 88 of 1995)
These Regulations, which replace
previous Regulations made under the
Local Authorities (Traffic Wardens) Act
1975, declare the offences to which s. 3
of that Act applies. The Regulations also
prescribe the form of notice which may
be affixed to a vehicle or given to a
person by a traffic warden employed by
a local authority. The Regulations also
prescribe the amounts which a person,
who is liable to be prosecuted, may pay
as an alternative to the institution of a
prosecution. The Regulations came into
effect on 1 June 1995.
SOCIAL WELFARE
Social Welfare Act 1995 (No. 3 of 1995)
The various sections of this Act come
into force on the dates as provided for in
the Act. Cf. (1995) 13 ILT 120.
TAXATION
Finance Bill 1995
This Bill, as presented by the Minister
for Finance, proposes various changes
in the taxation code, largely based on
the Minister's 1995 Budget.
TRANSPORT
Road Transport Act 1978 (Section 5)
Order 1995 (SI No. 84 of 1995)
The purpose of this Order is to exempt
certain types of road transport
operations performed in Ireland by
Russian carriers of passengers and
hauliers from the requirements to be
authorised by licence or permit. This
gives formal effect to an international
road transport agreement between
Ireland and the Russian Federation.
Road Transport (International Carriage
of Goods by Road)(No. 2) Order 1995
(SI No. 85 of 1995)
The purpose of this Order is to allow the
Russian transport authorities to issue
permits on Ireland's behalf for access by
Russian hauliers to Ireland. This gives
formal effect to an international road
transport agreement between Ireland
and the Russian Federation
TRUST LAW
In the Matter of the Estate of Mary
Davoren,
Deceased
High Court
(Murphy J) [1994] 2 ILRM 276
Certainty of objects -
Will
Interpretation—Residuary bequest -
Trust for education of persons chosen by
trustees - Class consisting of children,
grandchildren and descendants of
specified persons - Meaning of the term
'descendants' - Closing of class - Rule
against perpetuities - Rule against
perpetual trusts
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