The Gazette 1977

Index to Recent Irish Cases 1976

A i r i le and F a l l on (Misrepresentation — Rescission of contract of sale granted - Return of deposit to purchaser) 15 Bank of Ireland v. Sir Basil Goulding (Residuary personal estate must not offend against the Rule against Perpetuities, and must subsequently be distrubuted as personal estate amongst next of kin) 7 Re Blanclurdstown and CordulT Compulsory Area Compulsory Purchase Order 1969 (C.P.O. must relate strictly to iar.ds acquired) 6 Bfennan v. Glennon (Interlocutory Injunction restraining unlawful picketing upheld) 3 Buckley's Stores Ltd. v. National Employers Mutual General Insurance Association •and others (Insurance Company who refuses to arbitrate is in breach of a condition, and cannot repudiate liability) 33 c - & A. Modes Ltd. v. C. & A. (Waterford) (Injunction to restrain passing-off of trademark affirmed on appeal) 8 R< Courts Act 1971 and S.E. O'B. (Mother of an illegitimate child may claim Affiliation Order in High Court only by special leave) 24 Crurn '"cy v. Censorship of Publications Board (Powers of Board in banning "Family Planning" to be tested) 38 He Courcy v. Dowd (Conditional order of attachment for picketing in violation of t Court order) 36 "sector of Public Prosecutions v. Irish Press and Goldberg (Order for contempt of Court discharged) 37 °olan v. Com Exchange Buildings (No. 2) (In Circuit Appeal, High Court may not atatc second case to Supreme Court) ..4 "ublin Corporation v. Dublin Cemeteries Committee (Glasnevin Cemetery not liable for rates) ! 4 ""Win Port and Docks Doard v. Bank of Ireland (Bank no: negligent in returning cheque unpaid) 31 "Her and Holiday Inns Ltd. v. Green Dale Building Co. Ltd. (Property firm to be Paid lower compensation for compulsory Purchase) 21 "*Jagher v. CDonnell (Apportionment under Civil Liability Act, 1961, varied on A a PPeal) 5 **>»> Galligan v. Matthew Galligan (Land Bought from a joint account belongs to husband and wife equally) 25 ^ n g e Marketing Ltd. v. M. & O. Plastics Dd. (Passing ofT-Injunction and £1,500 damage awarded) 36 ro 8an. v. Byrne (Caution under Road Traffic Regulations, 1969, re blood u ^ P l e ) 13 v - H. (Due to mother's adultery, custody of 3 year old son awarded to father) 6 "arris v. Condensed Milk Co. (Plaintiffs U damages reduced verbally on appeal.... 5 "efiernan Deed. - Heffernan v. HefTernan ""(Taxing Master's discretion not properly exercised) — Counsel's fees allowed in lIv fu ") 3 yncs v. Garda Commissioner Garvey (Garda's dismissal held null and void) 35 * Interview Ltd. (Ownership of goods r ernains in vendors even though in I. Physical possession of purchasers^ .... 17 ^ Trust Bank " Ltd. v. Central Bank of «eland (Taxation of Costs - Reduced Jail • • fcr counsel disallowed! 10 M v, sits in Mountjoy Prison (Butler J. 12 4 K c c n an v.

State (De Burca) v. District Justice O'Huadhaigh (Prohibition to continue proceedings made absolute) 13 State (D.P.P.) v. Hibcrnia National Review Ltd. and others (Conditional order of sequestration against periodical and of attachment against editor) 29 State (Foran) and the State (Healy) v. Governor of St. Patrick's Institution and District Justices O'Reilly and Kennedy (Convictions quashed fcicausi Justices convicted accused in absence of their solicitor) 11 Full reasons given by Supreme Court .. 28 State (Gleeson) v. Minister for Defence (Discharge of soldier from Army quashed, as he could not defend himself) 23 State (Harrington) v. Commissioner of Garda (When legal adviser can be admitted to see client in Garda Station) 40 State (Heany) v. Central Mental Hospital (Habeas Corpus refused when Circuit Court fixes conditions to purge contempt of Court) 13 State (Hennessy and Chariot Inns Ltd. v. Supcrintendant Commons (Suitability of applicant should not be considered, but only character of company, in application for ad interim license) 26 State (Hoey) v. Commissioner of Garda Siochana (Habeas Corpus — Prosecutor released because detained on suspicion for a second time for same crime) 40 State (Hughes) v. Attorney General (Extradition granted - Judge criticises false patriotism/ 39 State (McCartan) v. Governor of Mountjoy (Court extends hours for legal consultation in civil prison) 40 State (McCartan) v. Governor of Portlaoise (Prison Governor ordered to allow visits by solicitor) 39 State (White) v. Circuit Judge Martin (On appeal from a District Court sentence, a Circuit Judge may not impose detention to follow imprisonment) 29 State (Commins) v. Governor of Limerick Prison and Judge Fawsitt (Contempt of Court — Previous procedure applicable in accordance with Constitution) 9 Tempany v. Hvnes (Specific performance granted in sale of registered land subject to registered judgment mortgage) 21 United Yeast Co. v. Cameo Investment Ltd. (Time being essence of the contract will be strictly supplied - If non-completion due to vendor's default purchasers entitled to rescission and return of deposit) 22 Waters v. Waters (No. 2) (Guardianship of Infants — Custody of two boys transferred to father) 16 White v. McCooey (Alleged drunkenness of vendor in signing contract for sale rejected) 14 Woods v. Dowd (Declaration that testator failed in his moral duty to make provision for his children) 3

Re McCann and Kennedy (Motion to attach for contempt - Writer fined £300 and editor fined £600 for imputing to Court base motives) 22 McEnroe v. Leonard fit is unconstitutional for a contempt of Court case to be tried without a jury) 5 McL. v. Adoption Board and Attorney General (Guardianship of Infants — Parents of illegitimate child who subsequently marry are entitled to the custody of their child who has been adopted) 18 Moran v. Dublin Corporation (Compulsory Purchase Order must relate strictly to lands acquired by proper Local Authority 6 Munneliy v. Caicon Ltd. and Sisk (Defendants who negligently destroy a house by not providing support must restore the premises to their full previous position) 34 Murphy v. Quality Homes Ltd. Of living in uninhabitable house, plaintiff entitled to damages for inconvenience, and for loss due to increase in price) 29 O'Brien v. Secvicw Enterprises Ltd. (In sale of licensed premises, time deemed to be of essence of contract — In view of delay in completion, specific performance refused) 25 O'D v. 0'D.(Guardianship of Infants — Mother awarded custody of two children of 6 and 3 years) 30 People (A.G.) v. Patrick Murphy (Customs offence —Direction given) 16 People (Michael Byrne) v. Governor of Mountjoy Prison (Habeas Corpus refused — Objection to lack of women jurors overruled) 30 People (D.P.P.) v. Ferguson (Special Criminal Court must determine claims of privilege, and the opinion of a Supcrintcndrnt as to membership of an illegal organisation) 2 People (D.P.P.) v. Ncel and Marie Murray (Conviction in Special Criminal Court for capital murder of guard affirmed) 27 People (D.P.P.) v. Rice (The Special Criminal Court cannot convict accused for an offence other than that for which he has been indicted) 2 Performing Rights Society Ltd. v. Marlin Communal Aerials Ltd. (Copyright — Damages for breach disallowed) 7 Re Poppintree — Balbutcher — Santry Compulsory Purchase Order. 1967. and in re Joseph Murphy (Notice to Treat is date under which compensation is to be assessed) 9 Reg Armstrong Motors Ltd. v. Coras lompair Eireann, British Rail, Whitty, Donegan and the Irish Transport and General Workers Union (Refusal by trade union to import Opel Motor cars can only be decided in Plenary Hearing) 1 S. v. S. (Non-consummation cf marriage — Nullity granted) 19 Re Patrick Scallan and Intoxicating Liquor Acts (Granting of licence in shopping centre refused) 30 Sibel and Seum v. Kent (Return of deposit for purchase of farm) 19 State (Crawley) v. Governor of Mountjoy (Habeas Corpus refused in case of unruly prisoner) 15 State (Crummey) v. Minister for Social Welfare and the Attorney General (Certiorari against Social Welfare Deciding Clficsr who fails to observe Natural Justice) 12