419 / 424
GAZETTE
NOVEMBER 1995,
Irish Press pic v. Ingersoll
Irish
Publications Limited
Supreme Court
(Finlay CJ, Egan and Blayney JJ)
[1995] 1 ILRM 117
Security for costs - Appellant without
sufficient assets - Appeal raising point
of law of public importance - Refusal
of order for security for costs -
Discretion of the court - Rules of the
Superior Courts 1986, O. 58
Stay on order of the High Court -
Order directing transfer of shares and
payment of damages - Whether
compliance with order would render
appeal moot - Survival of company
dependant on transfer of shares -
Balance of convenience
Tony Gregory v. District
fudge
Windle
and
Ors
High
Court
(O'Hanlon J) [1995] 1 ILRM 131
Judicial review - Constitution -
District Court - Powers to bind to the
peace - Requirement to provide
sureties - Imposition of imprisonment
in default - Whether power to bind to
the
peace
repugnant
to
the
Constitution - Right to personal liberty
- Common law powers of district
judges - Whether carried over on the
enactment of the Constitution -
Dublin Police Act 1842, s. 14(13) -
Courts (Supplemental Provisions) Act
1961, s. 54 - Constitution of Ireland
1937, Article 50
REAL PROPERTY
ICC Bank pic v. Richard Verting and
Ors
High Court (Lynch J) [1995] 1
ILRM 123
Mortgage - Clause providing that
mortgagor could not lease or part with
posession without prior written
consent of mortgagee - Lease granted
without consent of mortgagee -
Whether mortgagee estopped from
asserting invalidity of lease by virtue
of
delay
or
acquiescence
Conveyancing Act 1881, s. 13
Injunction - Mandatory interlocutory
injunction - Length of lease such that
interlocutory injunction requiring
lessee to give up posession would
effectively dispose of action - Need
for plaintiff to show more than an
"arguable case - Strong
prima
facie
case - Undertaking in damages given
by plaintiff sufficient to compensate
lessee - Balance of convenience
SOCIAL WELFARE
Social Welfare (No. 2) Act 1995 (No.
23 of 1995)
This Act was signed by the President
on 25 July 1995. Cf (1995) 13 ILT 179.
TAXATION
Finance Act 1994 (Designation of
Urban Renewal Areas) Order 1995
(SI No. 179 of 1995)
This Order declares certain areas
throughout the country to be
designated areas for the purposes of
incentive tax reliefs for urban renewal
provided for in the Finance Act 1994.
The incentives are comprised of
certain
capital
allowances
for
commercial buildings, accelerated
capital
allowances
for
certain
industrial buildings, reliefs for the
construction,
conversion
and
refurbishment of rented residential
accommodation,
owner-occupier
allowance for residential premises
and double rent allowance for traders
in respect of new leases of certain
buildings in the designated areas. The
Order also declares certain streets and
parts of streets in Dublin, Cork,
Galway, Limerick and Waterford to be
designated streets for the purpose of
incentive tax reliefs for the provision
of residential accommodation in
commercial and industrial premises
fronting onto designated streets. In
addition, the Order declares certain
areas in Dublin, Cork and Galway to
be enterprise areas for the purpose of
incentive tax reliefs for enterprise
areas provided for in the Finance
Act 1994 (as amended). Finally,
the Order specifies the period in
which these tax incentives ait
available in the designated areas,
designated streets and enterprise
areas.
Finance Act 1994 (Commencement
of Sections 93 and 96 (a)) Order 1995
(SI No. 184 of 1995)
This Order brings ss. 93 and 96 (a) of
the Finance Act 1994 into force with
effect from 7 July 1995.
TOURISM
Tourist Traffic Act 1995 (No. 13 of
1995)
This Act was signed by the President
on 5 July 1995. Cf (1995) 13 ILT 204.
TORT
Michael Deighan v. Ireland, the
Attorney General, the Minister for
Justice and the Minister for Finance
High Court (Flood J) [1995] 1 ILRM 88
Judicial Immunity from suit - Plaintiff
tried summarily and convicted on
charge of contempt of court - Judge
acting within his jurisdiction -
Whether a judge could be liable in a
civil action for acts done or things said
in the course of a trial - Whether
pleadings disclosed a cause of action
Vicarious liability - Whether the State
could be vicariously liable for actions of
judges - Vicarious liability only
possible where there is primary liability
James Vincent Furlong v. Waterford
Co-operative Society
Supreme Court
(O'Flaherty, Egan and Blayney JJ)
[1995] 1 ILRM 148
Negligence - Personal injury -
Damages for loss of earnings to date -
Absence of differential taking into
account plaintiff's abiltiy to perform
light work in the future - Damages for
pain and suffering
Practice - Appeal - Credibility of
plaintiff put in issue at trial of action -
Findings of primary fact made by trial
judge - Assessment of damages by trial
judge - Whether damages for pain and
suffering within appropriate scale
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