The Gazette 1995

MAY/JUNE 1995

-GAZETTE

Evidence - Damages - Appeal on quan- tum - Personal injuries - Assessment on basis that plaintiff would remain a mem- ber of An Garda Síochána - Plaintiff dismissed shortly afterwards due to inju- ries sustained in accident - Exacerbation of plaintiff's physical and mental condi- tion - Whether fresh evidence should be admitted - Basis of admission of fresh evidence. Supreme Court - Evidence - Appeal on quantum- Assessment by High Court - Subsequent change in circumstances - Discretion of court whether fresh evi- dence should be admitted - Matters to be considered in exercise of discretion - Rules of the Superior Courts 1986, 0.58 r.8 AS v GS and Ors High Court (Geoghegan J) [1994]2 ILRM 68 Priority - Whether claim for a property adjustment order amounts to a lis pendens -Whether volunteer bound by lis pendens irrespective of whether he has notice of it and irrespective of whether it has been registered - Judgments (Ireland) Act 1884, s.10 Family Law - Judicial separation - Family home - Interim order preventing registration of judgment mortgage- Fam- ily Home Protection Act 1976, s.5(1) - Judicial Separation and Family Law Re- form Act 1989, ss. 11(c), 15 Value-Added (Threshold for Advance Payment)(Amendment) Order 1994 (SI No. 342 of 1994) Section 19(6) of the Value-Added Tax Act 1972, together with SI No. 345 of 1993, requires that an advance payment of VAT be made in December 1993 and subsequent years by any taxable person whose total annual VAT liability exceeds a threshold. This Order increases this threshold from £300,000 to £1,000,000 in respect of the advance payment to be made in December 1994 and subsequent years. European Communities (Value-Added Tax) Regulations 1994 (SI No. 448 of 1994) These Regulations insert a new section 15B into the Value-Added Tax Act 1972. The new section deals with the transi- tional arrangements applicable for the taxation of trade between Austria, Fin- land and Sweden, and Ireland, in the context of these countries' accession to the European Union on 1 January 1995. REAL PROPERTY TAX

In effect, the Regulations introduce tran- sitional measures which ensure that VAT at the poi nt of entry appl ies to goods from Austria, Finland and Sweden which are dispatched prior to 1 January 1995 and are placed under a tax suspended import procedure in the State, but are not cleared through that procedure until after 1 Janu- ary 1995. Value-Added Tax (Refund of Tax) (No. 27) Order 1995 (SI No. 38 of 1995) This Order allows for a full refund of the VAT paid on qualifying equipment for medical research purchased through vol- untary donations with effect from 27 Janu- ary 1994. This Bill, as presented by Mr Michael McDowell, TD, aims to implement the recommendations of the Law Reform Commission's reports on defamation and the crime of libel (December 1991). The principal reforms proposed are: (i) aboli- tion of the distinction between libel and slander; (ii) plaintiffs will be required to prove that allegedly defamatory material is false; (iii) a speedy new remedy (the declaratory judgment) would be intro- duced in which damages would not be awarded, and (iv) publishers of defama- tory material would not be liable to pay damages (other than for the financial loss) where reasonable care was exer- cised. In addition, the offence of criminal libel would be replaced with the new offence of criminal defamation and lim- ited protection for journalists, editors and publishers would be provided in respect of the non-disclosure of sources. Ciaran Foley v Independent Newspa- pers Ltd and Ors High Court (Geoghegan J) [1994] 2 ILRM 61 Defamation - Libel - Fair comment - Whether newspaper article libelled plain- tiff - Whether article based on facts truly stated - Whether article contained impu- tations of corrupt or dishonourable mo- tives - Whether fact of fundamental im- portance omitted from article - Appeal against assessment of damages by Circuit Court - Whether costs of defendant who was held not to have libelled plaintiff should be paid by other defendants - Discretion of court - Courts of Justice Act 1936, s,78- Defamation Act 1961, s.23. Constitution - Freedom of expression -Whether law of libel affected by consti- tutional guarantee - Obligation of State to vindicate good name of every citizen - Constitution of Ireland, Article 40.3.2, Article 40.6.1 i. TORT Defamation Bill 1995 [Private Members Bill]

-ing land zoned for agricultural use un- der development plan - Proposal by third party to build rival ^hopping, leisure and residential complex nearby - Respond- ents agreeable in principle - Financial contribution plan - Decision to review plan subsequently taken by respondents and draft plan thereafter put on public display - Whether fair procedures ad- hered to by respondents in process of making their decision - Whether bias inherent in that process - Whether deci- sion taken one of an administrative as opposed to a judicial nature - Whether applicant should have been consulted prior to actual decision being taken - Local Government (Planning and Devel- opment) Act 1963, ss. 20)21,26 (g) and (h) KSK Enterprises Ltd v An Bord Pleanála and Ors. Supreme Court (Finlay CJ, O'Flaherty, Egan, Blayney and Denham JJ) [1994] 2 ILRM 1 Planning permission - Notice of motion seeking leave to apply for judicial review -Time limit-Whether application made in time by filing notice of motion in Central Office of the High Court - Notice of motion must be served on all respond- ents within time limit - Local Govern- ment (Planning and Development) Act 1992, s.19 (3) - Rules of the Superior Courts, 0.84. Interpretation - Words and phrases - 'Application made by motion on notice' -Time limit-Whether application 'made' by filing of notice of motion in Central Office of the High Court - Whether re- quirement for service on all respondents - Local Government (Planning and De- velopment) Act 1992, s.19 (3) - Rules of the Superior Courts, 0.84. Civil Legal Aid Bill 1995 This Bill, as presented by Senator Maurice Manning, aims to put the Scheme of Civil Legal Aid and Advice on a statutory foot- ing. That scheme is administered by the Legal Aid Board, a non-statutory body established in 1979 with funds provided by the exchequer, and aims to ensure that persons of limited means have access to justice in civil matters. Provision is made for the establishment of a Legal Aid Board, its membership, financing and the crite- ria to be considered by the Board when deciding on applications for legal aid and advice and the conditions under which such aid and advice will be made avail- able. James Fitzgearld v William Kenny and Or. Supreme Court (Finlay C), O'Flaherty, Egan, Blayney and Denham J|) [1994] 2 ILRM 8 PRACTICE AND PROCEDURE

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