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GAZETTE
AUGUST/SEPTEMBER
1995
Whether passing off - Application for
interlocutory injunction - Whether
serious issue to be tried - Balance of
convenience - Factors to be taken into
account - Potential damage to each
party - Possible confusion between
two publications
SOCIAL WELFARE
Teresa Tate v. Minister for Social
Welfare; Ireland and the Attorney
General
High Court and
Esther
Robinson and Ors. v. Minister for
Social Welfare, Ireland and the
Attorney General
High Court (Carroll
j) [1995] 1 ILRM 507
Directive providing for equality as
between men and women in relation
to social welfare entitlements - Failure
by State to implement directive within
prescribed period - Failure by State to
pay equal benefits retrospectively as
from the date on which directive
should have been implemented -
Compensation calculated so as to take
into account delay in providing for
equality of benefits - Social Welfare
(No. 2) Act 1985 -
European
Communities
(Social
Welfare)
Regulations 1992 - Council Directive
79/7/EEC
TAXATION
Tobacco Products (Tax Stamps)
Regulations 1995 (SI No. 233 of 1995)
These
regulations
lay
down
conditions governing the collection of
excise duty on tobacco products by
means of tax stamps, and the resultant
obligations
on
manufacturers,
importers and tax representatives.
The Regulations came into operation
on 4 September 1995.
TORT
Sean Hussey
v. Francis
Joseph
Plunkett Dillon and Ors. practising
under the name and style of Gerrard
Scallan & O'Brien
Supreme Court
(Egan, Blayney and Denham JJ)
[1995] 1 ILRM 496
Negligence - Concurrent wrongdoers
- Settlement by one set of defendants
- Whether claim as against other set
of defendants is satisfied - Bankruptcy
adjudication - Negligence and breach
of contract claim against solicitors -
Whether claim for special damages
included in settlement - Action
against second firm of solicitors -
Whether both firms of solicitors
concurrent wrongdoers - Whether the
plaintiff
was
estopped
from
maintaining his claim and the
defendants discharged from any
liability to the plaintiff - Whether
plaintiff's claim restricted to special
damages - Civil Liability Act 1961, ss.
2, 11, 16
ACT Shipping
(PTE) Limited
v.
Minister for the Marine, Ireland and
the Attorney General
High Court
(Admiralty)(Barr J) [1995] 2 ILRM 30
Negligence - Refusal of sanctuary to
ship - Damages - Ship in distress -
Refusal of minister to allow ship
access to Irish territorial waters -
Rights of sanctuary under customary
international law - Development of
right of sanctuary in light of modern
concerns - Risk of pollution or
blockage of port access - Review of
decision of minister - Grounds for
review - Whether decision flew in the
face of reason and common sense -
Whether decision taken pursuant to
statute or to rights of State pursuant to
customary international law - Oil
Pollution of the Sea (Amendment) Act
1977, ss. 2, 3 - International
Convention Relating to Intervention
on the High Seas in Cases of Oil
Pollution Casualties 1969
Gerard Conlon v. Times Newspapers
Limited
High Court (Murphy J)
[1995] 2 ILRM 76
Defamation - Motion to strike out
proceedings for failure to show
reasonable cause of action or tor
being unsustainable and bound to fail
- Questions to be decided at
preliminary stage not whether words
are 'capable' of being defamatory but
whether it is 'arguable' that they are
capable of such a meaning
B. & S. Limited v. Irish Auto Trader
Limited
High Court (McCracken J)
[1995] 2 ILRM 152
Passing off - Elements of tort - Car
sale magazine - Entry into Irish market
of Irish edition of UK magazine -
Whether serious issue to be tried as to
claim for passing off
TRUST
John Stacey (an Infant) and Or v.
John Branch
High Court (Murphy J)
[1995] 2 ILRM 136
Duties of trustee - Duty of investment
- Action for breach of trust -
Construction of trust deed - Property
to be transferred to beneficiary when
he attained a certain age - Pending
that event trust deed conferred on the
trustee a right to deal with the
property as he in his absolute
discretion saw fit - Trustee put
caretaker into property for substantial
perod of time without any obligation
to pay rent - Evidence that substantial
amount of rent could have been
realised if the property had been
leased.
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