The Gazette 1977

MAY-JUNE

GAZETTE

CONSPIRACY Breach of contract

DAMAGES Assessment

omission alleged to constitute negligence to be left to jury as distinct issue, provided there is evidence to support allegation — (143/1977 — Supreme Court - 30/3/77) Arnott v. O'Keeffe Verdict Civil action — Majority vote of nine of the twelve jurors required — Determination of nine issues in reaching verdict — Same nine members of jury must agree in determining each issue —Courts of Justice Act, 1924, s.95 - (143/1977 - Supreme Court - 30/3/77) Arnott v. O'Keeffe Right of way — Plaintiff claiming right and relying upon alleged acquiescence of defendant as sufficient to estop latter — Claim dismissed because proofs specified in Willmott v. Barber 15 Ch.D. 96 not satisfied — (Circuit appeal — Gannon J. 7/3/77) Dunne v Molloy Lease New building — No planning permission — Whether breach of covenant for quiet enjoyment — 1974 No. 928P - Parke J. - 10/2/77) Fitzpatrick v. McGivern Ltd. Partition Farm of 144 acres — Division into one-third and two-third — Fair distribution of good, medium and poor land — Question of fact — (1974 No. 383 Sp. - McWilliam J. - 2/2/77) O'Brien d Cronin Ltd. v. Dillon Capital allowances — Diminishment — Trade carried on by a society — "Any capital allowances or any balancing charges under Part XVI" — In context "capital allowances" not restricted to those under Part XVI — All capital allowances liable to be diminished in accordance with s. 218 and s. 220, sub-s. 5, of Income Tax Act, 1967 - (1976 No. 351R - McWilliam J. - 13/2/77) Irish Agricultural Wholesale Society Ltd. v. MacDermott REAL PROPERTY Easement REVENUE Income Tax

Procurement — Decision of Manager of national school to appoint plaintiff as principal teacher — Successful attempt by officials of trade union to persuade manager to cancel decision - Damages - (1975 No. 340IP - Finlay P. - 25/2/77) Cotter v. Ahern CONTRACT Breach Damages — Building contract — Inferior workmanship in interior of good quality suburban house — (1974 No. 928P - Parke J. - 10/2/77) Fitzpatrlck v. McGivern Ltd. Breach Procurement — Tort —Decision of manager of national school to appoint plaintiff as principal teacher — Successful attempt by officials of trade union to persuade manager to cancel decision — Damages — (1975 No. 340IP - Finlay P. - 25/2/77) Cotter v. Ahern CRIMINAL LAW Extradition Corresponding offence — Three offences specified in English warrant of arrest — English certificate stating that first offence was indictable offence being sufficient authority for endorsement of warrant for execution in Ireland — District Justice empowered to make order under Part III of Act if second offence corresponded with offence under Irish law of category required by statute - (70/1976 - Supreme Court - 7/3/77) Molloy v. Sheehan Extradition Rule of speciality —Rule expressly inserted in Part 2 of Act governing relationship between Ireland and countries other than U.K. — Rule not included in Part 3 of Act governing relationship between Ireland and U.K. — Applicant returned from England to Ireland under Irish warrant which had been executed in England — Applicant convicted in Ireland for offences other than those specified in Irish warrant — Application for habeas corpus dismissed - (1975 No. 263 SS - McWilliam J. - 9/2/76) The State (Whelan) v. Governor of Mountjoy Prison

Fatal injuries — Deceased aged 18 years — Evidence of likelihood of marriage lacking — Claims of dependants — Statutory limit on damages for mental distress — Individual amounts to be calculated without regard to limit — If total exceeds Emit then shares to be reduced proportionately to bring total within limit — (155/1976 — Supreme Court - 30/3/77) Dowling v. Jedos Ltd. Assessment Income — General damages for personal injuries —Whether income derivable from investment of sum to be awarded a valid factor to be considered in assessing amount of that sum - (143/1977 - Supreme Breach of contract — Procurement — Decision of manager of national school to appoint plaintiff as principal teacher — Successful attempt by officials of trade union to persuade manager to cancel decision - (1975 No. 3401P - Finlay P. - 25/2/77) Cotter v. Ahern EVIDENCE Damages Fatal injury —Claim of dependants — Death of son aged 18 years — Contribution of son to dependants — No evidence to ascertain probable date at which son would have married — Inferences drawn from ages at which brother or sister married not sufficient — Statistical evidence required — (155/1976 — Supreme Court - 30/3/77) Dowling v. Jedos Ltd. Estoppel Acquiescence by defendant — Whether plaintiff had satisfied proofs required in Willmott v. Barber 15 Ch.D.96 — Right of way claimed by plaintiff — Claim dismissed — (Circuit appeal — Gannon J. — 7/3/77) Dunne v. Molloy JURY Issues Negligence — Each specific act or Court - 30/3/77) Arnott v. O'Keeffe Conspiracy