The Gazette 1995

GAZETTE

AUGUST/SEPTEMBER

1995

[1995] 2 ILRM 152 Passing off - Elements of tort - Car sale magazine - Entry into Irish market of Irish edition of UK magazine - Whether serious issue to be tried as to claim for passing off

Whether passing off - Application for interlocutory injunction - Whether serious issue to be tried - Balance of convenience - Factors to be taken into account - Potential damage to each party - Possible confusion between two publications

- Settlement by one set of defendants - Whether claim as against other set of defendants is satisfied - Bankruptcy adjudication - Negligence and breach of contract claim against solicitors - Whether claim for special damages included in settlement - Action against second firm of solicitors - Whether both firms of solicitors concurrent wrongdoers - Whether the plaintiff was estopped from maintaining his claim and the defendants discharged from any liability to the plaintiff - Whether plaintiff's claim restricted to special damages - Civil Liability Act 1961, ss. 2, 11, 16 v. Minister for the Marine, Ireland and the Attorney General High Court (Admiralty)(Barr J) [1995] 2 ILRM 30 Negligence - Refusal of sanctuary to ship - Damages - Ship in distress - Refusal of minister to allow ship access to Irish territorial waters - Rights of sanctuary under customary international law - Development of right of sanctuary in light of modern concerns - Risk of pollution or blockage of port access - Review of decision of minister - Grounds for review - Whether decision flew in the face of reason and common sense - Whether decision taken pursuant to statute or to rights of State pursuant to customary international law - Oil Pollution of the Sea (Amendment) Act 1977, ss. 2, 3 - International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties 1969 Gerard Conlon v. Times Newspapers Limited High Court (Murphy J) [1995] 2 ILRM 76 Defamation - Motion to strike out proceedings for failure to show reasonable cause of action or tor being unsustainable and bound to fail - Questions to be decided at preliminary stage not whether words are 'capable' of being defamatory but whether it is 'arguable' that they are capable of such a meaning ACT Shipping (PTE) Limited

TRUST

SOCIAL WELFARE

John Stacey (an Infant) and Or v. John Branch High Court (Murphy J) [1995] 2 ILRM 136 Duties of trustee - Duty of investment - Action for breach of trust - Construction of trust deed - Property to be transferred to beneficiary when he attained a certain age - Pending that event trust deed conferred on the trustee a right to deal with the property as he in his absolute discretion saw fit - Trustee put caretaker into property for substantial perod of time without any obligation to pay rent - Evidence that substantial amount of rent could have been realised if the property had been leased.

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 j) [1995] 1 ILRM 507 Directive providing for equality as between men and women in relation to social welfare entitlements - Failure by State to implement directive within prescribed period - Failure by State to pay equal benefits retrospectively as from the date on which directive should have been implemented - Compensation calculated so as to take into account delay in providing for equality of benefits - Social Welfare (No. 2) Act 1985 - European Communities (Social Welfare) Regulations 1992 - Council Directive 79/7/EEC Tobacco Products (Tax Stamps) Regulations 1995 (SI No. 233 of 1995) These regulations lay down conditions governing the collection of excise duty on tobacco products by means of tax stamps, and the resultant obligations on manufacturers, importers and tax representatives. The Regulations came into operation on 4 September 1995. TAXATION

TORT

Sean Hussey Joseph Plunkett Dillon and Ors. practising under the name and style of Gerrard Scallan & O'Brien Supreme Court (Egan, Blayney and Denham JJ) [1995] 1 ILRM 496 Negligence - Concurrent wrongdoers v. Francis

B. & S. Limited v. Irish Auto Trader Limited High Court (McCracken J)

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