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AUGUST/SEPTEMBER 1995
used by broadcasting authority -
Whether compatible with statutory
obligations - Whether fair, objective
and impartial - Test of unreason-
ableness - Purpose of judicial review
proceedings- - Broadcasting Authority
Act 1960, s. 18 - Broadcasting
Authority (Amend-ment) Act 1976,
s. 3(1)
Social
Welfare
(Consolidated
Payments Provisions)(Amendment)
(No. 2) Regulations 1995 (SI No. 94
of 1995)
These Regulations provide for the
maximum and minimum rates of
Adoptive Benefit at the same rates as
those currently applying to Maternity
Benefit (ie. £158.90 and £74.20). The
regulations came into effect on 19
April 1995.
SOCIAL WELFARE
GAZETTE
PRACTICE AND PROCEDURE
Civil Legal Aid Bill 1995
This Bill was passed by Seanad
Eireann on 15 June 1995. (Cf (1995)
13 ILT 92.)
Solicitors (Interest on
Clients'
Moneys) Regulations 1995 (SI No.
108 of 1995)
These
Regulations
rescind
the
Solicitors
Professional
Practice,
Conduct and Discipline Regulations
1986. They require solicitors, to
whom regulations made under s.66 of
the Solicitors Act 1954 (as substituted
by s.76 of the Solicitors (Amendment)
Act 1994) apply, who hold money for
or on account of a client to account to
that client for interest thereon, save
where the amount of such interest
would be less than £75.00.
The
Regulations came into operation on 3
May 1995.
Bus Eireann v. Insurance
Corp-
oration of Ireland pic
High Court
(Morris |) [1994] 2 ILRM 444
Limitation of actions - Fatal accident -
Deceased not covered at time of
accident - Claim to recover damages
from insurer in lieu of deceased -
Appropriate limitation period
-
Whether claim against insurer created
new cause of action with separate
limitation period - Civil Liability Act
1961, s. 9 - Road Traffic Act 1961, ss.
56, 76
Negligence - Road traffic accident
- Damage to property - Insurance -
Cover held in excess of statutory
minimum - Claim against insurer -
Whether limited to statutory minimum
- Statute - Interpretation - Road
Traffic Act 1961, ss. 56, 76
Paddy Madigan v. Radio
Telefis
Eireann
High Court (Kinlen J) [1994]
2 ILRM 472
Judicial review - Broadcasting -
Elections - Television coverage -
Independent candidates - Participation
in election programmes - Criteria
Social Welfare (No. 2) Bill 1995
This Bill, as presented by the Minister
for Social Welfare, aims to provide for
the necessary changes in the Social
Welfare Code so as to ensure that no
spouse will be disadvantaged in terms
of his or her social welfare entitle-
ments as a result of his or her legal
status being changed from married,
separated or deserted to divorced.
Social Welfare (Subsidiary Employ-
ments) Regulations 1995 (SI No. 80
of 1995)
These Regulations consolidate the
existing
provisions
relating
to
subsidiary employments and provide
for amendments to existing references
necessitated by the Social Welfare
(Modifications of Insurance) (Amend-
ment) Regulations 1995. They specify
certain categories of employment as
being of a subsidiary nature and not
the principal means of livelihood. The
Regulations came into operation on 6
April 1995.
Social Welfare Act 1995 (Section
11 MCommencement) Order 1995 (SI
No. 93 of 1995)
Section 11 of the Social Welfare Act
1995 provides for the payment of
Adoptive Benefit, subject to certain
PRSI conditions, to people granted
adoptive leave under the provisions of
the Adoptive Leave Act 1995 (as to
which, cf (1995) 13 ILT 91). This
Order brought s. 11 into operation
with effect from 19 April 1995.
TAXATION
Finance Act 1995 (No. 8 of 1995)
This Act was signed by the President
on 2 June 1995 and will come into
effect on various dates provided for in
the Act. (Cf (1995) 13 ILT 147.)
T C Brosnan (Inspector of Taxes) v.
Leeside Nurseries Ltd
High Court
(Murphy J) [1994] 2 ILRM 459
Corporation Tax - Relief for manufac-
tured goods - Cultivation - Manufac-
turing process - Whether cultivated
plants were manufactured - Finance
Act 1980, Part I, Chapter VI, s. 39
TORT
Occupiers' Liability Bill 1994
This Bill was passed by Dáil Éireann
on 10 May 1995. (Cf (1995) 13 ILT
121.)
Dermot Barry v. Nitrigin Eireann Teo
and Or
High Court (Costello J) [1994]
2 ILRM 522
Employers' liability - Health and safety
- Factory - Noise exposure - Whether
exposure to noise causing deafness -
Whether employer in breach of
statutory duty - Employer providing
hearing protection - Whether hearing
protection
reducing
employee's
exposure to noise levels - Whether
employer in breach of common law
duty of care to employee - Factories
(Noise) Regulations 1975, Regulations
4(1), 7(1).
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