The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER

199

Consumer Affairs shall monitor all con- sumer charges by credit institutions and, for that purpose, would repeal s.28 of the Central Bank Act 1989. European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (SI No. 27 of 1995) These Regulations give effect to Council Directive 93/13/EEC (of 5 April 1993) on unfair terms in consumer contracts. A term shall be regarded as unfair if, con- trary to the requirement of good faith, it causes a significant imbalance in the par- ties' rights and obligations under the con- tract to the detriment of the consumer. 'Consumer' means a natural person who is acting for purposes which are outside his business. The Regulations will apply to all consumer contracts concluded after 31 December 1994. Cf. also (1995) 13 ILT 90. The Adoptive Leave Bill 1993 was passed by both Houses of the Oireachtas on 9 March 1995 (cf. (1995) 13 ILT 91). Adoptive Leave Act 1995 (Commence- ment) Order 1995 (SI No. 64 of 1995) This Order brought the Adoptive Leave Act 1995 into operation on 20 March 1995. ENVIRONMENTAL Environmental Protection Agency Act 1992 (Established Activities) Order 1995 (SI No. 58 of 1995) This Order, which should be read in con- junction with s.82(3) of the Environmental Protection Agency Act 1992, specifies the various dates (between 29 May 1995 and 1 March 1996) on or after which the established activities concerned are required to have applied to the Environmental Protection Agency for an integrated pollution control licence. INQUESTS Coroners (Amendment) Bill 1995 This private member's Bill, introduced by Mr Willie O'Dea, TD, aims to allow Coroners to bring in a verdict of suicide. It would also allow Coroners to be paid trav- elling, subsistence and out-of-pocket expenses as well as expenses for main- taining an office and secretarial staff. INTERNATIONAL LAW John McElhinney v. Anthony Williams and Her Majesty's Secretary of State for Northern Ireland: High Court (Costello J) [1994] 2 ILRM 115 EMPLOYMENT Adoptive Leave Act 1995

Constitution - Soverign immunity - Alleged assault by British soldier within the State - Scope of the doctrine of soverign immunity - International law principle of reciprocity - Right to bodily integrity - Right to claim redress in the courts - Constitutional recognition of prin- ciples of international law Practice - Affidavit - Cross-examination of deponent - No need for cross-examina- tion where court is not deciding contro- versial questions of fact Negligence - Sale of shares owned by Waterford Harbour Commissioners - Purchase price determined by reference to net asset value of company - Life assurance policies valued in accordance with surren- der value and not cost price - Provision for deferred taxation deducted in calculating net asset value - Standard Statement of Accounting Practice - Surcharge imposed by local government auditor on chairman of commissioners and general manager - Natural justice - Prior warning given by auditor to commissioners as to reservations regarding the transaction before imposing the charge - Local Government (Ireland) Act 1871, s.12 - Local Government (Ireland) Act 1902, s.20 - Companies (Amendment) Act 1986 Dublin County Council v. West Link Toll Bridge Ltd: High Court (Geoghegan )) [1994] 2 ILRM 204 Rating - Agreement for establishment and operation of toll road - Whether defendant in occupation of rateable hereditaments - Whether tolls were privately occupied incorporeal hereditaments - Whether offices, stores and car parks ancilliary to tolls rather than public road - Whether tolls exclusively for public purposes and within exemption from rating - Poor Relief (Ireland) Act 1838, s.63 - Local Government (Toll Roads) Act 1979, s.9 County Meath Vocational Education Committee v. David Joyce and Ors: High Court (Flood j) [1994] 2 ILRM 210 Planning and development - Respondents established camp site near school - Applicant sought injunction restraining unauthorised use of roadside near school - Local Government (Planning and Dev- elopment) Act 1976, s.27 Housing Authority - Definition of homeless person - Housing requirements of persons who pursue nomadic way of life - Whether statutory obligation upon housing authority to provide housing or serviced sites for travelling persons - Housing Act 1966, s.111 - Housing Act 1988, ss.2, 9, 11, 13 LOCAL GOVERNMENT Maurice Downey v. John O'Brien: High Court (Costello J) [1994] 2 ILRM 130

PLANNING Local Government (Planning and Dev- elopment) Regulations 1995 (SI No. 69 of 1995) These Regulations make a number of amendments to the Local Government (Planning and Development) Regulations 1994 (SI No. 86 of 1994). The changes made relate to exempted development, the requirements and procedures in respect of planning applications, Part X of the 1994 Regulations and prescribed forms. PRACTICE AND PROCEDURE Sean O'Fearail v. Colm McManus: Supreme Court (O'Flaherty, Egan and Denham JJ) [1994] 2 ILRM 81 Solicitor coming off record - Contract of motor insurance - Solicitor instructed to act in respect of claim for assault and bat- tery against injured party - Subsequent repudiation of liability by the insurance company - Rules of the Superior Courts 1986, 0.7, r.3 William Burke and Ors v. Central Independent Television pic: High Court (Murphy J) Supreme Court (Finlay CJ, O'Flaherty, Egan, Blayney and Denham JJ) [1994] 2 ILRM 161 Discovery - Privilege - Dicscovery of doc- uments which might endanger human life - Television programme alleging connec- tions with terrorist organisation - Action claiming damages for libel brought in respect of programme - Order for discov- ery - Claim that documents should not be produced because the disclosure of the information would endanger informers and undercover police officers—Whether discovery could be ordered on the basis that only lawyers involved in the case would inspect documents Constitution - Balancing of Constitutional rights - Priority of right to life over right to resort to the courts and right to protection and vindication of good name Defamation - Libel - Pleading - Distinction between plea of justification and defence of fair comment on matters of public interest - Plea of fair comment inappropriate where simply asserting that a purported statement of fact is accurate REAL PROPERTY Land Act 1965 (Additional Categories of Qualified Persons) Regulations 1995 (SI No. 56 of 1995) These Regulations add to the list of qual- ified persons under s.45 of the Land Act 1965 persons whose principal place of residence is in a Member State of the European Communities or other

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