The Gazette 1995

GAZETTE

NOVEMBER 1995,

Irish Press pic v. Ingersoll Irish Publications Limited Supreme Court (Finlay CJ, Egan and Blayney JJ) [1995] 1 ILRM 117 Security for costs - Appellant without sufficient assets - Appeal raising point of law of public importance - Refusal of order for security for costs - Discretion of the court - Rules of the Superior Courts 1986, O. 58 Stay on order of the High Court - Order directing transfer of shares and payment of damages - Whether compliance with order would render appeal moot - Survival of company dependant on transfer of shares - Balance of convenience (O'Hanlon J) [1995] 1 ILRM 131 Judicial review - Constitution - District Court - Powers to bind to the peace - Requirement to provide sureties - Imposition of imprisonment in default - Whether power to bind to the peace repugnant to the Constitution - Right to personal liberty - Common law powers of district judges - Whether carried over on the enactment of the Constitution - Dublin Police Act 1842, s. 14(13) - Courts (Supplemental Provisions) Act 1961, s. 54 - Constitution of Ireland 1937, Article 50 Tony Gregory v. District fudge Court Windle and Ors High ICC Bank pic v. Richard Verting and Ors High Court (Lynch J) [1995] 1 ILRM 123 Mortgage - Clause providing that mortgagor could not lease or part with posession without prior written consent of mortgagee - Lease granted without consent of mortgagee - Whether mortgagee estopped from asserting invalidity of lease by virtue of delay or acquiescence Conveyancing Act 1881, s. 13 Injunction - Mandatory interlocutory injunction - Length of lease such that interlocutory injunction requiring REAL PROPERTY

lessee to give up posession would effectively dispose of action - Need for plaintiff to show more than an "arguable case - Strong prima facie case - Undertaking in damages given by plaintiff sufficient to compensate lessee - Balance of convenience

designated streets and enterprise areas.

Finance Act 1994 (Commencement of Sections 93 and 96 (a)) Order 1995 (SI No. 184 of 1995) This Order brings ss. 93 and 96 (a) of the Finance Act 1994 into force with effect from 7 July 1995.

SOCIAL WELFARE

Social Welfare (No. 2) Act 1995 (No. 23 of 1995) This Act was signed by the President on 25 July 1995. Cf (1995) 13 ILT 179.

TOURISM

Tourist Traffic Act 1995 (No. 13 of 1995) This Act was signed by the President on 5 July 1995. Cf (1995) 13 ILT 204.

TAXATION

Finance Act 1994 (Designation of Urban Renewal Areas) Order 1995 (SI No. 179 of 1995) This Order declares certain areas throughout the country to be designated areas for the purposes of incentive tax reliefs for urban renewal provided for in the Finance Act 1994. The incentives are comprised of certain capital allowances for commercial buildings, accelerated capital allowances for certain industrial buildings, reliefs for the construction, conversion and refurbishment of rented residential accommodation, owner-occupier allowance for residential premises and double rent allowance for traders in respect of new leases of certain buildings in the designated areas. The Order also declares certain streets and parts of streets in Dublin, Cork, Galway, Limerick and Waterford to be designated streets for the purpose of incentive tax reliefs for the provision of residential accommodation in commercial and industrial premises fronting onto designated streets. In addition, the Order declares certain areas in Dublin, Cork and Galway to be enterprise areas for the purpose of incentive tax reliefs for enterprise areas provided for in the Finance Act 1994 (as amended). Finally, the Order specifies the period in which these tax incentives ait available in the designated areas,

TORT

Michael Deighan v. Ireland, the Attorney General, the Minister for Justice and the Minister for Finance High Court (Flood J) [1995] 1 ILRM 88 Judicial Immunity from suit - Plaintiff tried summarily and convicted on charge of contempt of court - Judge acting within his jurisdiction - Whether a judge could be liable in a civil action for acts done or things said in the course of a trial - Whether pleadings disclosed a cause of action Vicarious liability - Whether the State could be vicariously liable for actions of judges - Vicarious liability only possible where there is primary liability James Vincent Furlong v. Waterford Co-operative Society Supreme Court (O'Flaherty, Egan and Blayney JJ) [1995] 1 ILRM 148 Negligence - Personal injury - Damages for loss of earnings to date - Absence of differential taking into account plaintiff's abiltiy to perform light work in the future - Damages for pain and suffering Practice - Appeal - Credibility of plaintiff put in issue at trial of action - Findings of primary fact made by trial judge - Assessment of damages by trial judge - Whether damages for pain and suffering within appropriate scale

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