The Gazette 1988

JULY/AUGUST 1988

GAZETTE

w i t h i n t he s c o pe of t he Con v en t i on. Sub j ect to t he provisions of the Convention and the transitional provisions contained in Article 3 4 of the 1978 Ac c e s s i on Con v en t i on (see Third Schedule to the 1988 Act) a maintenance order made on or after 1 June 1988 in another Con t r ac t i ng State will be enforceable in Ireland, and vice-versa. 3. Under an Ag r eement b e t we en t h e I r i sh a nd B r i t i sh Governments special provisions e x i s t f or t he r e c i p r o c al recognition and en f o r cement of ma i n t enance orders b e t we en Ireland and the United Kingdom. The relevant Irish provisions are contained in t he Ma i n t enance Orders Act, 1974. The t w o Gove r nmen ts have agreed to c o n t i n ue t he Ag r e eme nt in operation after t he entry into f o r c e of t h e J u d g m e n t s Conven t i on for bo th countries (i.e. 1 June 1988). As a result —in a case wh i ch comes w i t h in the scope of the Maintenance O r d e rs A c t , 1 9 7 4, t he provisions of t hat Act will apply, and —in a case wh i ch is outside the scope of the Ma i n t enance Orders Act, 1974, but w i t h in the scope of the Jurisdiction I was asked to try to make c on t a ct w i t h t hose w h o mi ght be interested in such events which, we envisage, wou ld take place annually w i t h a venue in Scotland, Ireland, Wales and England, on a rotating basis. As I understand it, there is no Lawyers Fishing Club, as such, in Eire but it wo u ld be kind if you wou ld publish this letter in your Gazete in t he hope t hat at least some of the Irish Lawyers will wa nt t o c o me i n t o our p r o p o s ed arrangements. I invite any such ladies or gentle- men to wr i te to me, at t he above address, for any further information wh i ch they may require, at this stage.

of Courts and Enforcement of J u d gme n ts (European Com- mu n i t i e s) Ac t, 1988, t he provisions of the 1988 Act will apply. Law Division, Depa r tment of Justice. Deeds of Covenant in favour of non-UK Resident Charities The Policy Division of the United Kingdom Inland Revenue has asked the Revenue Commissioners to advise interested parties of the e f f e ct of Clause 35 of the Finance (No. 2) Bill 1988. The new provisions remove t he r i g h t w h i c h p r e v i o u s ly w a s a v a i l a b le t o d e d u c t t ax on payments made out of income prior to 15th Ma r ch 1988 in respect of deeds of covenant in favour of non- United Kingdom Resident Charities. A n e x c e p t i on a p p l i es f or covenan t ed paymen ts in favour of charities established under the laws of the United K i ngdom wh i ch will continue, as heretofore, to be payable under deduc t i on of tax. Chief Examiner, Income Tax Claims Branch, Of f i ce of t he Revenue Commissioners. N O T I CE JURY ACT I ONS The Courts Act, 1988, has abolished the right to trial w i t h a Ju ry in certain actions claiming damages for personal injuries to a person or t he death of a person: the Act will c ome into operation on 1st August 1988. Practitioners are requested to inform t he Chief Registrar, Four Courts, Dublin 7, of t he list numbers of actions wh i ch will con t i nue t o be entitled to trial w i t h a J u ry n o t w i t h- standing the provisions of the Courts Ac t, 1988.

Pract i ce Notes

The Judgments Convention and the Maintenance Orders Act 1974 1. The EEC C o n v e n t i on on J u r i s d i c t i on a nd t he Enforcement of J u d gme n ts in Civil and Comme r c i al Ma t t e rs (the J u d gme n ts Convention) is given the force of law in the State by the Jurisdiction of Cou r ts and En f o r c ement of J u d gme n ts (European Com- munities) Act, 1988 (No. 3 of 1988). The Convention is n ow in force (since 1 June 1988) b e t we en Ireland and Belgium, Denmark, France, t he Federal Republic of Germany, Italy, Luxembourg, t he Netherlands and t he United Kingdom. 2. M a i n t e n a n ce o r d e rs c o me

CORRESPONDENCE (continued)

Add i son Sons & Madden Avenue House, Southgate, Chichester, West Sussex P019 1ES

The Editor, The Gazette, The Law Society.

2 9 t h June, 1988

Dear Sir, The Lawyers Fishing Club of England and Wales I am a member of c omm i t t ee of the above named Club and, at a recent meeting, it was considered t hat it wo u ld be very pleasant to have exchange events w i t h our angling p r o f e s s i onal c o l l eagues in t he British Isles.

Yours faithfully, H. C. Frank W i c k h am - Sm i th

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