The Gazette 1974

Cruess-Callaghan v. Bewley Ryan & Co. (Negligent stockbroker liable for £1,320 damages) Doyle v. Wicklow Co. Council (McNaghten Rules on Criminal insanity reviewed) Dublin Co. Council v. Deansrath Investment Co. (Award of Property Arbitrator granting full market value to claimant upheld) Dunne v. O'Neill (Principles applicable on taxation restated)—Disallowance of Council's Fees restored v. Wymes, Flood and Minister for Justice (Plaintiff's dismissal from Gardai justified) Flood, Patrick, deed., Anderson and Kenny v. Flood (Administration of several premises in Finglas) ... Frescati Estates Ltd. v. Walker (A person who has no proprietary interest in the land cannot apply for planning permission)—High Court Gaffney v. Gaffney (English idvorce obtained fraudu- lently by fraud invalid) Geraghty v. Minister for Local Government (No. 1) * (Production of Department documents allowed as interrogatories) . Geraghty v. Minister for Local Government (No. 2) * (A planning appeal cannot be upheld unless the Minister acts impartially on the evidence) Healy v. Healy (Clauses in Contract of Sale benefit- ting one of the parties may be severed from the Contract) Irish Trust Bank Ltd. v. Irish Central Bank (Condi- tions relating to banking licence not validly im- posed) K. v. K. (Custody of two infants granted to father in view of mother's adulterous association) Kelly v. Hoey (Amounts for professional witnesses on taxation should be reasonable) Killiney and Ballybrack Development Association v. Minister for Local Government and Templefinn Estates Ltd. (Minister's decision in granting plann- ing permission for housing development ultra vires) Kincora Builders Ltd. v. Cronin (Plaintiffs awarded £6,000 balance due on erection of house) Fitzpatrick Supreme Court Landers v. Attorney General (Boy singer of 8 con- trol'ed by Prevention of Cruelty to Children Act 1904) Law v. Minister for Local Govt, and Traditional Homes Ltd. (Order of County Council granting planning permission void) Maher v. the Attorney General (S. 44 (2) (a) of the Road Traffic Act 1968 unconstitutional) Meade v. Cork Co. Council (Redemption price fixed by Co. Council in respect of purchase of cottage unenforceable) Minister for Transport & Power v. Trans World Air- lines (Increase of airport landing fees in Shannon approved) Mullane v. Brosnan (Premises rent-controlled if part used for business purposes) Mulloy v. Minister for Education (Priest teacher Murphy v. Dublin Corporation (No. 2) (Compulsory Purchase Order not ultra vires to Housing Act 1966) McG., J. and McG. W. v. Adoption Board (Part of Adoption Act preventing adoption of wife's illegiti- mate child rigidly constitutional) given credit for service abroad) McRandall v. Louth Co. Council (Malicious injury application granted) (Plaintiff awarded £500 damages for scurrilous references) Sales Ltd. (Breach of warrant in respect of defective digger) People (A'.G.) v. Hagan (Unsatisfactory identifica- tion) People (A.G.) v. Moran (Jury accidentally given documents after completion of Judge's charge) ... People (A.G.) v. O'Hare (Extradition refused because warrant invalid) O'Dwyer v. Sunday Newspapers Ltd. O'Meara and McCarthy v. Equipment Kire Manufacturing Co. v. O'Leary (Injunction against picketing refused) McGee v. the Attorney contraceptives constitutional) v. Capwell Investments fused against director for dismissal) General (Importation of McGrath (Injunction re-

Rightside Properties v. Gray (In an option to pur- chase, time is not normally of the essence of the contract) ••••.".••";• Tiverton Estates Ltd. v. Wearwell Ltd. (Solicitors letter setting out terms of an oral agreement "sub- ject to contract" satisfies Statute of Frauds— Law v. Jones reversed) Estimates of Department of Justice—Speech by Minister in Dáil Eireann on 12 February 1974

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Examination Results First Irish—March 1974 Second Irish—February 1974 First Law—February 1974 Second Law—February 1974 Third Law—February 1974 Book-keeping—June 1974 First Law—September 1974 Second Law—September 1974 Third Law—September 1974

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126 126 126 126 127 220 288 289 289 218

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22 264

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Examiners and Lecturers to Law Society Mrs. Mary Mathews—Contract and Commercial Law Mr. E. J. Grace—Book-keeping Mr. Alvin Price—Real Property Mr. J. F. Quinlan—Tax Law Mr. P. F. Clyne—Statutory Land Law Mr. A. W. Scott—Assistant Examiner, Company Law Mr. J. Matthews—Conveyancing _ Explanatory Memoranda to Legislation Maintenance Orders Act, 1974 Prosecution of Offences Act, 1974 February Law Examinations, 1974—Notice Federation Internationale pour le Droit Europeen (F.I.D.E.) Preliminary Notice of Brussels Conference, October, 1975 ;••—..— Federation of Professional Associations—Presidential Address by Franklin O'Sullivan, May 1974 Finance Bill, 1974, Parliamentary Debate Dail Eireann—Second Stage, 12 July 1974 Seanad Eireann—Committee Stage, 31 July 1974 ... FitzGerald, The late Chief Justice FitzGerald—Appre- ciations Forthcoming Seminar, Taxation, September 1974 Free Legal Aid—Committee appointed to examine this in Civil cases Free Legal Aid—Motion in Dail Eireann, 5 November 1974 Free Legal Aid Centres—Statistics from 1969 to 1974 Hague Academy Course in International Law, July and August 1974 Hanley, Mr. Eamonn—appointed to European Com- munities Section of the Dept. of Justice Incommunicado Hints on Communication Incorporated Law Society—Programme of Summer Meeting in Ennis, May 1974 International Bar Association, Business Law Section, Conference, London, November 1973 International Bar Association—Description of 15th Conference in Vancouver International Bar Association—International Code of Ethics International Bar Association—Programme of 15th Conference, Vancouver (Canada), July 1974 International Congress of Jurists of Pax Romana— Detroit, July 1974 Irish Recent Cases Attorney General v. Halpin (Garda wrong to remove bar customer) Boland v. Attorney General (Court may not interfere with Government in its Executive Functions) Brennan v. Equestrian Federation (Plaintiff's amateur status as an international show-jumper upheld) ... Claremont Homes Ltd. v. Quinlan (Court injunc- tion about sign in window refused) Counihan v. Counihan (Wife not liable to mainten- ance if husband leaves her when told to do so by her) A. G. v. Owners of M.V. "Fritz Raabe" (In an action in rem, the foreign owner of an unregistered mortgage in an Admiralty action can obtain relief) Cox, R. D. Ltd., Kredit—Anstalt Bremen and Deutsche Schiff-fahts-bank Oldenburg— Finance Act, 1974 Section 54 Section 57 Section 59

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1 9 5

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236 237 237 238 240 254 195

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280 104

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74 62

209

103

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38

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287

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39

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81

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