The Gazette 1988

GAZETTE

MAY 1988

Ad j ud i ca t i on of S t amp Dut ies

(b) From 31st December 1995 exclusive of the first £363.00 for non-insured vehicle and £181.00 from stolen vehicles. (c) From 31st December 1987 minimum property damage under compulsory motor insurance increased from £1,000.00 to £37,000.00 (d) From 31st December 1990 to £73,000.00. The time limit for claiming for personal injuries to the Bureau is three (3) years and for property damages one (1) year from date of accident. The directive also sets out the procedure to be adopted in making claims and for the first time the M.I.B.I. will be given the right to intervene in cases where the Mandate has not been signed and secure copies of pleadings lodged in Court in relation to claims for compensation against drivers of stolen or uninsured vehicles. The directive is welcomed by the profession as providing a more equitable basis of redress for innocent parties who have suffered loss as a result of the negligence of uninsured drivers. JOHN P. WARD Law Society Litigation Committee.

The following is an updated version of a practice note, first published in 1981. The text has been revised by Brian Bohan, Solicitor, Chairman of the Society's Taxation Committee. Adjudication is a very important constituent of the stamp duty code. It is essential for the proper stamping of certain instruments; it is a necessary prerequisite for an appeal against an assessment of the du ty and, finally, it authenticates the correctness of the stamp. The fact that in recent years over f i f ty t housand instruments are adjudicated upon annually reflects that importance. The necessity for and the volume of adjudication demand that, as far as possible, there is no avoidable delay in the processing, assessing and stamping of instruments lodged for that purpose. This article is intended as an aid to the attainment of that objective. The Stamp Act, 1891, contains t wo sections only relating to adjudication, dealing respectively w i th the assessment of duty (Section 12) and with appeals (Sec- tion 13). For our present purposes we are concerhed solely with the first two subsections of section 12 which indicate the purposes of and the mechanics of adjudication.

Proposed Amendmen ts t o M. I .B. I. Ag r eement Cl a ims aga i nst Un i nsured Drivers Changes in the scope of the protection provided to injured parties under the existing M.I.B.I. Agreement introduced in 1964 are likely to be effective as soon as the Department of the Environment introduces the Provisions of the Second E.E.C. Motor Insurance Directive. At the moment cover afforded by the Bureau is limited to claims for personal injury only in respect of Third Party risks compulsorily insurable under the Road Traffic Act and the classes of person who may claim against the vehicle owner or user under Section 65 of the Road Traffic Act, 1961 are restricted. There is no provision for payment for damage to property. The Litigation Committee of the Law Society has prepared a list of suggested submissions to the Department. The directive covers those suggested in the Com- mittee's submissions but omits cover for pillion passengers on mo t or cycles and back seat passengers in vans and commercial vehicles. The proposed improvements wh i ch the gove r nment w i ll introduce based on the directive are: 1. As and from 31st December 1988 victims of hit and run accidents would be entitled as of right to compensation for all personal injuries from the M.I.B. 2. Property damage caused by uninsured or stolen vehicles: (a) As from 31st December

"K i ng 's Inns: A Dubl in Perspect ive" Exhibi t ion To mark the Dublin Millennium, the Hon. Society of King's Inns wi ll mount an exhibition throughout the month of June, 1988. The Exhibition wi ll be held in King's Inns Library, Henrietta Street, Dublin 1, and wi ll be open to the public at the fol lowing times:- Mondays: 2.00 p.m. to 5.30 p.m. Tuesdays to Fridays: 11.00 a.m. to 5.30 p.m.

1992 property damage is payable exclusive of the first £1,088.00

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