417 / 424
GAZETIE
14 of the Building Control Act 1990.
The Order appoints the chairman and
members of the Body for the period
expiring 31 May 1998.
CONSUMER
Package Holidays and Travel Trade
Act 1995 (No. 17 of 1995)
This Act was signed by the President
on 17 July 1995. Cf (1995) 13 ILT 90.
(Cf. aIso (1 995) 13 ILT 21 2.)
Consumer Credit Act 1995 (No. 24 of
1995)
This Act was signed by the President
on 31 July 1995. Cf(1995) 131LT 119.
CONTRACT
Lac Minerals Limited v. Chevron
Mineral Corporation of Ireland and
Ors High Court (Murphy
J)
[1995] 1
ILRM 161
Construction - Right of pre-emption -
Inconsistency between time within
which right of pre-emption could be
exercised and amount of time to be
specified in notice informing party of
its right of pre-emption - Distinction
between right of pre-emption and
machinery pertaining to its exercise
Equity - Rectification - Remedy not
available to person who is not a party
to the contract and who does not
derive any estate under that
agreement - Requirement of nexus
between person seeking rectification
and the document in respect of which
rectification is sought
Company - Separate legal personality -
Lifting the corporate veil - Companies
within group treated as single entity
CRIMINAL
Criminal Law (Incest Proceedings)
Act 1995 (No. 12 of 1995)
This Act was signed by the President
on 5 July 1995. Cf (1995) 13 ILT 1"18
Transfer of Sentenced Persons Act
1995 (No. 16 of 1995)
This Act was signed by the President
on 17 July 1995. Cf (1995) 13 ILT
146
EMPLOYMENT
Adoptive Leave (Referral of Disputes
and AppealsHPart V) Regulations
1995 (SI No. 195 of 1995)
These
Regulations
prescribe
procedures to be followed in relation
to the hearing of disputes and appeals
by a rights commissioner or by the
Employment Appeals Tribunal under
Part V of the Adoptive Leave Act
1995. The Regulations came into
operation on 20 July 1995.
Adoptive Leave (Calculation of
Weekly Remuneration) Regulations
1995 (SI No. 196 of 1995)
These Regulations prescribe the
method of calculating wekly
remuneration for the purpose of
redress in the form of compensation
under Part V of the Adoptive Leave
Act 1995. The Regulations came into
operation on 20 July 1995.
Tony McAuliffe v. Minister for Social
Welfare
High Court (Barr
J)
[1995] 1
ILRM
189
Class - Whether a contract of service
or for services - Tests to be applied -
Social Welfare (Consolidation) Act
1993, s. 271
ENVIRONMENT
Arterial Drainage (Amendment) Act
1995 (No. 14 of 1995)
This Act was signed by the President
on 17 July 1995. Cf (1995) 13 ILT'178.
European Communities (Mechan–
ically Propelled Vehicle Emission
Control) Regulations 1995 (SI No.
192 of 1995)
These Regulations prohibit the issue of
first licences for certain new vehicles
from 1 January 1997 unless the
vehicles conform to the air polutant
emission control reliuirements of
Directive 91/441/EEC as amendp.d bv
Directive 94/12/EEC. Exceptions
dH:'
made, in accordance with Directive
2
NOVEMBER 1995
93/81/EEC, for certain 'end of series'
vehicles for a limited period subject to
specified conditions. It is also
permitted to issue first licences prior
to 1 January 1997 where vehicles
conform to the requ irements of either
Directive 93/59/EEC or 94/12/EEC
EQUITY
AlB Finance Limited v. Sligo County
Council
High Court (Morris
J)
[1995]
1
ILRM
81
Incomplete gift - Money lodged by
deceased in account in joint names -
Deceased retaining dominion and
control over the money - Intention of
deceased that other party should be
entitled to the money on his death -
Whether arrangement gave rise to a
resulting trust
FAMILY
P.
v.
B.
Supreme Court (Hamilton CI,
Egan and Denham
JJ)
[1995] 1 ILRM
201
Custody - Child abduction - Wrongful
removal and detention of child by
mother outside its country of habitual
residence - Application by father for
return of chi Id - Whether father
acquiesced in child's removal -
Undertakings by father relating to the
welfare of the child - Whether it was
appropriate for trial judge to impose
conditions on the return of the child to
the country of its habitual residence -
Requirement that court should act
expeditiously to secure return of child
to country of habitual residence - Child
Abduction and Enforcement of Custody
Orders Act 1991 - Hague Convention
on the Civil Aspects of International
Child Abduction 1980, articles 12, 13
FISHERIES
Fisheries (Amendment) Bill 1995
This Bill, as presented by the Minister
for the Marine, aims to amend the
Fisheries Acts 1959 - 1994. Its
principal provision aims to provide
that the Minister for the Marine may,
by or0er, following a request from a