The Gazette 1996

GAZETTE

NOVEMBER 1996

transfusions - Anti-D injections administered to plaintiff - donor suffered from hepatitis - blood products tainted with hepatitis infection - plaintiff infected with hepatitis - proceedings issued - plaintiff sought leave to deliver interrogatories - defendant disputed interrogatories - principles to be applied when leave sought to deliver interrogatories - whether plaintiff 4 entitled to deliver interrogatories - Rules of the Superior Courts 1986, O. 31, r. 1 James Kelly v. Michael McNamara & Co. (Budd J) 5 June 1996 Negligence - personal injury - assessment of damages - principles tc be applied - occupational injury insurance - sub-contractor contributory negligence - whethei plaintiff covered by insurance - whether plaintiff guilty of contributory negligence - Factories Act 1955, s.3/ - Safety in Industry Act 1980, s. 12 - Construction (Safety, Health anc Welfare) Regulations 1975 Patrick Merriman v. Greenhills Food! Ltd and Anor (Supreme Court) 2Í June 1996 Negligence - personal injuries - ref ipsa loquitor - whether principle applicable - plaintiff employed a: driver by defendant - injurie: sustained when truck suddenly turner off road - noise from truck heard ty plaintiff shortly before accident - cause of accident - fracture of leaf o spring - no explanation forthcoming - no evidence of degeneration in spring - trial judge's acceptance of plaintiff': account of truck's steering failure bu action dismissed - appeal - whethc unfair to put on defendant the burder of explaining the leaf fracture TRANSPORT European Communities (Access t< Railway Infrastructure) Regulation: 1996 (SI No. 204 of 1996) The purpose of these Regulations is tc give effect to articles 2 and 10 o Council Directive 91/440/EEC on the development of the Community': railways and, in particular, to set ou the conditions under whicl international groupings and railwa* undertakings shall be granted acces to Ireland's railway infrastructure.

ment (Planning and Development) Act 1992

(Supreme Court) 27 June 1996 Summary judgment granted in High Court on foot of guarantee - appeal - whether defendant should be given leave to defend - whether defendant had had real or bona fide defence - whether guarantee had been executed subsequent to loan and was, therefore, void for past consideration Joseph Dowling and Anor v. Armour Pharmaceutical Company Inc. and Ors (Morris J) 18 April 1996 Third party procedure - defendant applying to join third party - plaintiff applying to join proposed third party as co-defendant - whether application brought as soon as reasonably possible - whether third party procedure appropriate - Civil Liability Act 1961, ss. 11, 27(1 )(b) - Rules of the Superior Courts 1996, O. 16, r. 1(3), O. 15, r. 13 Michael O'Connor v. Commercial General and Marine Limited and Anor (Morris J) 18 April 1996 Service - plenary summons - notice of summons - claim for monies due under policy of insurance - defendant company incorporated in Belgium - plenary summons served on defendant at address in Belgium - defendant applying to set aside service - whether service effected in accordance with Rules of the Superior Courts - Rules of the Superior Courts 1986, O. 11, r. 8, O. 12, r. 26 - Rules of the Supreme Court (Ireland) 1891 - Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968 Irish Asphalt Ltd v. An Bord Pleanála and Ors (Supreme Court) 22 May 1996 Planning law - statutory interpretation - appeal from decision of planning board or authority - application for judicial review - decision of High Court on application for judicial review final and conclusive except in cases of exceptional public importance - leave for judicial review refused - certificate for leave to appeal to Supreme Court refused - appeal against both refusals - whether appeal lies to Supreme Court - whether Supreme Court can certify a case as appealable where High Court has refused - Constitution of Ireland 1937, Art. 34.4.3° - Courts of Justice Act 1924, s.29 - Local Government (Planning and Development) Act 1963, s. 82(3) a, b - Local Govern-

PRISONS Michael McHugh v. Minister for Justice and Ors (Supreme Court) 7 June 1996 Prisoner - sentence of imprisonment - temporary release - discretion of the Minister - whether court had power to intervene - Criminal Justice Act 1960, ss. 2, 5 - Prisoners (Temporary Release) Rules 1960, r. 3 TELECOMMUNICATIONS Telecommunications (Miscellaneous Provisions) Bill 1996 This Bill, as presented by the Minister for Transport, Energy and Commun- ications, aims to establish an office of Director of Telecommunications Regulation. This Office would assume the Minister's functions in relation to the regulation of the tele- communications, radio commun- ications and cable television sectors. The Bill, if passed, would provide for the Office's expenses to be funded by means of a levy imposed on the providers of telecommunications services. The Bill also aims to enable the issue and transfer of shares in Telecom Éireann and entry into agreements in connection with the sale and issue of equity in that company. TORT Valerie Coppinger v. The County Council of Waterford and Ors (Geoghegan J) 22 March 1996 Loss of consortium - damages - plaintiff's husband seriously injured in road traffic accident - High Court finding plaintiff's husband guilty of contributory negligence to the extent of 75 per cent - measure of damages - whether plaintiff's damages should be reduced by reason of finding of contributory negligence - Civil Liability Act 1961, s. 35(2) - Civil Liability (Amendment) Act 1964, s. 4

Brigid Ellen McCole v. Blood Transfusion Service Board and Ors (Laffoy I) 11 June 1996 Medical negligence - blood

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IRISH LAW JIMtS, (X lOBER l')'»i>