413 / 424
GAZE1TE
2° Any person remanded in custody
pending trial by reason of a judge
bei ng satisfied that there is a
probability that the person will
commit a class of criminal offence
which is also an indictable offence if
admitted to bail shall not be
remanded in custody for that reason
for any single period gr,eater that
ninety days.'
James Tuohy v. Daniel J Courtney
and Drs
Supreme Court (Finlay CJ,
Egan, Bla.yney and Denham
Jl)
[1994] 2 ILRM 503
Limitation of actions - Whether
limitation of actions interferes with
constitutional right of access to the
courts - Right to litigate an
unenumerated right - Whether right
to litigate also constitutes a property
right - Right of the Oireachtas to
balance the need for certainty against
the hardship suffered by individuals
whose rights of action are
extinguished without their becoming
aware of them - Constitution of
Ireland 1937, Articles 40.3.1, 40.3.2
- Statute of Limitations 1957, ss.
11 (1 )(a), (2)(a)
Locus standi
-
Plaintiff's standing to
challenge provisions of the Statute of
Limitations 1957 - Whether plaintiff
had been aware of cause of action
within the impugned limitation period
Practice - Appeal - Jurisdiction of the
Supreme Court in reviewing findings
of primary fact made by a trial judge
- Whether evidence to support
findings of trial judge
Poul John Aamand v. Judge Peter
Smithwick and the Attorney General
Supreme
Court
(Finlay
CJ,
O'Flaherty, Egan, Blayney and
Denham JJ) [1995] 1 ILRM 61
Criminal law - Enquiry - Extradition
- Penal statute - Strict construction -
Whether European Convention on
Extradition 1957 incorporated in its
entirity into Irish law - Mandatory
effect of article 7.2 of the convention
- Place of commission of offence
outside the territory of the requesting
country - Appl ication of Part II of the
Extradition Act 1965 - Whether
sufficient correspondence of offences
- Extradition Act 1965, ss. 8, 10,
29(1) - European Convention on
Extradition 1957, article 7 2 -
Extradition Act 1957 (Part II)(No. 23)
Order 1989 - Constitution of Ireland
1937, Article 40.4.2
Statute - Interpretation - Strict
construction - Mandatory effect of
article 7.2 of the convention _.
Extradition Act 1965, ss. 8, 10 -
Extradition Act 1965 (part II)(No. 23)
Order 1989
Una Mhic Mhathuna and
Or
v
Ireland and the Attorney General
Supreme Court (Finlay CJ, Egan,
Blayney, Denham and Costello
JJ)
[1995] 1 ILRM 69
Marriage - Pamily - Tax and social
welfare allowances for dependant
children - Equity before the Law -
Benefits received by married parents
living together with dependant
children as compared to those
received by other parents - Abolition
of tax free allowances for dependant
children - Increase of children's
allowances - Whether failure by the
State to increase total value of
allowances for such children in line
with inflation constituted invidious
discrimination against married
parents or an attack against the
family - Function of the court in
determining
challenge
to
constitutional validity of a statute -
Role of the Oireachtas in managing
the nation's finances - Income Tax
Act 1967, ss. 138(1), 141 - Social
Welfare Act 1973, s.8 - Finance Act
1979, s. 4 - Social Welfare
(Consolidation) Act 1981, s. 197 -
Finance Act 1986, ss. 3, 4 - Social
Welfare (Social Assistance Allow–
ance) Regulations 1973,
r.
7 -
Constitution of Ireland 1937, Articles
40.1, 41.1, 41.2, 41.3.1
0
CONSUMER
Consumer Credit Bill 1994
This Bill has been passed by
Dail
Eireann. Cf. (1995) 13 ILT 119.
2
OCTOBER 1995
CONTRACT
William Neville and Sons Ltd v.
Guardian Builders Ltd
Supreme
Court (Finlay CJ, Blayney and
Denham JD [1995] 1 ILRM 1
Frustration - Licence agreement -
Need to purchase land from local
authority in order to ga in access to
plot of land - Agreements to
purchase land subject to conditions
regarding access by third party -
Whether supervening event had
occurred which changed the nature
of the outstanding contractual
obi igations from what the parties
could reasonably have contemplated
at the time of the contract's executiu,l
- Whether parties should be
discharged from further performance
of the contract
CONVEYANCING
Stamp Duty (Particulars to be
Delivered) Regulations 1995 (SI No.
144 of 1995)
These Regu lations spec ify the
particulars to be delivered to the
Revene Commissioners in respect of
certain transfers and leases of land.
The
Regul at ions
will
affect
instruments executed on or after 1
September 1995.
CRIMINAL
Transfer of Sentenced Persons Bill
1995
This Bill has been passed by Dail
Eireann. Cf. (1995) 13 ILT 146.
Sexual Offences (Jurisdiction) Bill
1995
This private member's Bill, as
introduced by Mr Eoin Ryan, TO
and Mr John O'Donoghue, TO,
aims to extend the criminal law of
the State to try sexual offences
against
children
committed
elsewhere, but which if comm itted
in this State would constitute a
criminal offence, by citizens of the
State or by persons ordinarily
resident in the State.