The Gazette 1977

MARCH 1977

GAZETTE

Bennett — William entitled under bequest — Succession Act, 1965, s. 90 - (1974 No. 109 Sp. - Parke J. - 24/1/77). Bennett v. Bennett.

intention to claim new tenancy be served on landlord before June — Tenant failing to serve notice because of mistaken view of law by legal advisers — Period for service extended - (125/1976 - Supreme Court - 21/1/77). H. Wigoder & Co. v. Moran. NEGLIGENCE Occupier Highway — Defendant occupier's lorries breaking road surface opposite entrance to defendant's business premises — Fall of motor cyclist opposite entrance — Cyclist killed by following traffic — Nuisance — Foreseeability — Defendant held liable - (97/104-1976 - Supreme

CRIMINAL LAW Evidence

Admissibility — Evidence given under compulsion of statute creating offence of failing to give information —Whether statement voluntary and admissible - (Nos. 13 & 14 of 1976 — Court of Criminal Appeal — 31/1/77). The People (D.P.P.) v. Walsh & McGowan. Evidence Admissibility — Statement of accused — Issue of admissibility determined at trial — All material evidence given and witnesses cross-examined during determination of issue — Statement ruled admissible by trial judge — On resumption of trial formal evidence given confirming evidence already tendered — Sufficient compliance with s. 41, sub-s. 4, of Offences Against the State Act, 1939 - (Nos. 13 & 14 of 1976 - Court of Criminal Appeal - 31/1/77). The People (D.P.P.) v. Walsh & McGowan. Evidence Admissibility — Statement of suspect — P r o l o n g ed but r e gu l ar interrogation — Release of suspect — Statement subsequently made by suspect to police — Statement voluntary and admissible — (Nos. 13 & 14 of 1976 - Court of Criminal Appeal - 31/1/77). The People (D.P.P.) v. Walsh & Father and aunts — Separation of husband and wife — Wife caring for four children in Ireland —Husband living in England — Death of wife — Re-marriage of husband in England — Children in care of three aunts in Ireland —Father seeking custody of two children — Aunts appointed guardians jointly with father — Father refused custody — (1975 No. 300 Sp. — Murnaghan J. — 20/1/77). Jeffrey v. Daniels. LANDLORD & TENANT Time Limit Extension — New tenancy — Business premises — Premises held under sub-lease terminating in September on expiration of landlord's lease — Tenant's solicitor aware in April of time of expiration of landlord's lease — Statutory requirement that tenant's notice of McGowan. INFANTS Custody

Court - 21/1/77). Wade v. Connolly.

NUISANCE Occupier

Highway — Defendant occupier's lorries breaking road surface opposite entrance to defendant's business premises — Fall of motor cyclist opposite entrance — Cyclist killed by following traffic — Defendant held liable - (97/104 - 1976 - Supreme Court - 21/1/77).

PRACTICE Appeal

Discretionary order — Appellate court not bound by exercise of discretion by trial judge - (125/1976 - Supreme Court - 21/1/77). H. Wigoder & Co. v. Moran. Time Limit Extension — Claim to new tenancy of business premises — (See Landlord & Occupier — Liability — Defendants not in occupation of transit sheds in port of Dublin — Defendants not liable for municipal rates levied by plaintiffs - (124/1969 - Supreme Court - 16/2/77). Corporation of Dublin v. Dublin Port & Docks Board. WILL Construction Misdescription — Bequest to "my nephew Denis Bennett" — No nephew of that name — Testator leaving brother of that name — Extrinsic evidence — Intention of testator to benefit nephew William Tenant). RATES Assessment