The Gazette 1995

AUGUST/SEPTEMBER

1995

GAZETTE

Former director - Allegations of fraud, breach of duty and breach of trust - Application to preserve assets of specified defendants pending trial of the issues - Whether fair, serious question to be tried - Whether real and substantial risk of removal of assets - Affidavits sworn by defendants - Failure to disclose assets and failure to deal with allegation that assets might be removed or dissapated - Inferences to be drawn - Territorial scope of Mareva order - Whether order should be limited to assets within the jurisdiction of the court Teresa Tate v. Minister for Social Welfare, Ireland and the Attorney General High Court and Esther Robinson and Ors. v. Minister for Social Welfare, Ireland and the Attorney General High Court (Carroll I) [1995] 1 ILRM 507 Limitation of actions - Whether claim for damages against State in respect of its failure to implement a directive statute- barred - Whether failure to observe community law amounts to a tort - Statute of Limitations 1957, s. 11(2) Best v. Wellcome Foundation Limited High Court (Murphy J) [1995] 1 ILRM 554 Costs - Plaintiff unsuccessful in High Court but succeeding in Supreme Court on appeal - Supreme Court order awarding costs against defendant - Whether interest should run only from date of taxation of costs - Courts Act 1981 - Debtors (Ireland) Act 1840, ss. 25, 26, 27 - Rules of the Superior Courts 1986, O. 42 r. 15 O'Driscoll and Ors carrying on practice as P.J. O'Driscoll and Sons Solicitors High Court (Lynch J) [1995] 2 ILRM 23 Solicitor - Taxation of costs - Whether a solicitor who has delivered a bill of costs can deliver a different bill when taxation of those costs is sought - Attorneys and Solicitors (Ireland) Act 1849, s. 2 - Rules of the Superior Courts 1986, O. 99 r. 29(5) Agritex Limited v. Patrick J.

I) [1995] 2 ILRM 125 judicial review - Planning and development - Application for leave to seek judicial review - Grant of permission for landfill site for municipal waste - Whether substantial grounds - Test to be applied - Local Government (Planning and Development) Act 1963, s. 82 - Local Government (Planning and Development) Act 1992, s. 19(3) - Rules of the Superior Courts 1986, O. 84 Words and phrases - 'Substantial grounds' - Applications to seek judicial review in planning and development matters - Test to be applied - Local Government (Planning and Development) Act 1963, s. 82 - Local Government (Planning and Development) Act 1992, s. 19(3) - Rules of the Superior Courts 1986, O. 84 Voluntary Purchasing Groups Inc. v. Insurco International Limited and Or High Court (McCracken J) [1995] 2 ILRM 145 Setting aside of ex parte order - Application for an ex parte order while appeal in the substantive matter is still pending - Costs - Foreign Tribunals Evidence Act 1856, ss. 1 ,5 - Rules of the Superior Courts 1986, O. 39 rr. 39-44, O. 52 r. 3 Dolores Bowes v. His Honour Judge Devally and the Director of Public Prosecutions High Court (Geoghegan - Application to quash order directing forfeiture of monies - Applicant convicted of posession of drugs - Application seeking to quash part only of District and Circuit Court order - Whether order severable - Remission of matter to Circuit Court judge - Rules of the Superior Courts 1986, O. 84 r. 26(4) B. & S. Limited v. Irish Auto Trader Limited High Court (McCracken J) [1995] 2 ILRM 152 Injunction - Passing off - Car sale magazine - Entry into Irish market of Irish edition of UK magazine - I) [1995] 2 ILRM 148 Judicial Review - Certiorari

LOCAL GOVERNMENT

Local 1994 Commencement Order 1995 (SI No. 245 of 1995) This Order brings s. 22 of the Local Government Act 1994 into operation with effect from 19 September 1995. Government Act Community Wicklow County Council and Or. High Court (Costello J) [1995] 2 ILRM 16 Powers of county manager - Proposal for waste disposal site - Elected members of county council passing resolution that proposed site should be rejected - Refusal by county manager to comply with resolution - Whether county manager bound by direction - Local authority which has exercised power to collect house refuse under a duty to provide place where it can be deposited - Pubiic Health (Ireland) Act.1878, ss. 52, 55 - City and County Management (Amendment) Act 1955, ss. 2, 3 v. An Bord Pleanála and Ors High Court (Carroll J) [1995] 2 ILRM 125 Planning and Development - Grant of permission for landfill site for municipal waste - Amendment of plans - Removal of sand and gravel below water line - Whether environmental impact statement adequate - Whether newspaper notice of application adequate - Matters left by An Bord Pleanála to be decided between the developer and the planning authority - Whether abdication of responsibility and wrongful delegation of powers - Conditions relating to traffic - Whether ultra vires - Whether substantial grounds - European Community (Environmental Impact Assessment) Regulations 1989, Schedule 1, Part II, s. 2(d) Limited v. Partick McNamara East Wicklow Conservation

PRACTICE AND PROCEDURE

Countyglen pic v. John Carway and Ors. High Court (Murphy J) [1995] 1 ILRM 481 Injunction - Mareva - Company -

Partick McNamara v. An Bord Pleanála and Ors High Court (Carroll

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