The Gazette 1988

GAZETTE

SEPTEMBER 1988

at any of the following coun ty venues - Cork, Limerick, Galway, Sligo, Dundalk, Kilkenny w i t hout prior applications to the Court. Jury actions may not be set d own for trial at the aforemen- tioned venues w i t hout an order of the Court. Personal Injuries Actions and Fatal Injuries Actions already set d own for trial w i t h a jury at the aforementioned venues will be tried at the respective venues by a judge alone. • The Technology Commi t t ee has arranged for a number of franking machines for court stamps to be supplied to the profession, subject to Department of Justice licencing at a price of £ 7 5 0 . 00 plus Value Added Tax at 2 5%. There is an additional charge of £125 . 00 per annum, payable to the Department of Justice for inspection fees. The ma i n t e n a n ce cha r ge is £ 7 2 . 00 per annum, wh i ch covers all parts, labour, warranty and free replacement of the machine by the suplier in the event of a total failure. For futher information please contact Mr. Oliver Flynn, Sales Manager, Pitney Bowes Ireland Limited, Parkmore Industrial Estate, Long Mi le Road, Du b l in 12 (telephone 5 0 2 2 5 2 / 5 6 2 7 3 3 ). • In the a f t e rma th of the Supreme Court decision in the case of Roche -v- Pei/ow t he Co n v e y a n c i ng Committee strongly recommended steps that should be taken by a purchaser's solicitor in order to p r o t e ct t he mon i es (including deposits and stage payments) of a new house buyer against t he adverse c on s equen c es of t he vendor c omp a ny g e t t i ng i n to f i n a n c i al d i f f i c u l t i es p r i or t o completion. These steps included t he mak i ng of a p r e - con t r act Companies Office search against the vendor company and the insis- tence, where possible, that the purchaser's monies be held by the vendor's solicitor as stakeholder pending completion. Court Stamp i ng Mach i nes Payment of Deposits Further Warning

The Commi t t ee has now been made aware that a large firm of builders is still insisting that monies paid under the Building Agreement be released to t h em prior to completion. The Committee recom- mends that solicitors acting for purchasers of new houses strong- ly resist this practice and insist that all monies be held by the vendor's solicitor as stakeholder pending completion. If the vendor company insists on monies being paid directly to it either by way of deposit or stage payment, the purchaser's solicitor must fully advise his client of the possible risks of the monies being lost in the event of the vendor company getting into financial difficulties. If the purchaser is willing to proceed on the basis that monies will be paid to the vendor company directly, the purchaser's solicitor should set out his advices in wr i t i ng to the purchaser prior to the execution of the contracts and prior to the payment of any monies to the vendor company. •

The Federal Republic of Germany, Italy, Luxembourg, The Netherlands and the United Kingdom. The President of the High Court 1st June, 1988.

Air Navigation and Transport Ac t, 1988. This Act was s i gned by t he President on 22 June, 1988. The legislation promotes the en- forcement of civil aviation security, incorporates the Protocols wh i ch amend the strict liability and limi- tation of damages system of the Warsaw Convention for Interna- tional Air Transport and includes miscellaneous provisions for the Government Department and com- mercial enterprises involved w i t h Civil Aviation. The Act includes the Protocols in its schedules and is available at the Go v e r nme nt Pub l i ca t i ons Sale Office for £2 . 20 plus postage. Q App l i cat i ons to the Master of the Hi gh Court in Infant cases for payment out. To avoid the situation where the expenses allowed on application are not sufficient to cover the applicant's outlays the Litigation C o mm i t t ee r e c omme n ds t h a t solicitors should bring their outlays to the notice of the Master before costs are fixed. NOTICE Ju ry Actions The Courts Act 1988 has abolished the right to trial w i t h a Jury in certain actions claiming damages for personal injuries to a person or the death of a person: the Act came into operation on 1st August 1988. Practitoners are requested to inform the Chief Registrar, Four Courts, Dublin 7 of the list numbers of actions wh i ch will continue to be entitled to trial w i t h a Jury having regard to the provisions of the

DOCUMENT EXAMINATION

LEGAL AID CASES UNDERTAKEN

M. Ansell, M.A., 98 The Broadway, Harna Bay, Kant CT6 8EY, England Tel. (03 02273) 67929 (24 Hours)

Courts Act, 1988. Practice Direction

Wi th e f f ect f r om 1st August 1988, Personal Injuries actions and Fatal Injuries actions wh i ch are not entitled to trial w i t h a jury may be set d own for trial by a judge alone

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