Author Archives: Simon McGarr
Harley Medical Group (Ireland) Ltd; Judgment on Winding-up Petition
The Application This is the Judgment of Ms. Justice Laffoy to the Application by the Harley Medical Group (Ireland) Ltd to be wound up by the Irish High Court. Despite its name, The Harley Medical Group (Ireland) Ltd is not an Irish company, but a company incorporated in the British Virgin Islands. We act for 20 Irish clients of The Harley Medical Centre Ltd. It traded at many clinics in the UK and had one clinic in Dublin at 5 […]
Harley Medical Group (Ireland) Ltd liquidation application
Harley Medical Group (Ireland) Limited is a company registered in the British Virgin Islands. About a month ago, we were notified by McCann Fitzgerald, solicitors for the Harley Medical Group (Ireland) Limited of their client’s application to the High Court in Dublin seeking to wind up the company. As solicitors representing women suffering as a result of having been supplied with faulty PIP breast implants by the Harley Medical Group, we were made notice parties to that application at […]
The Data Protection Acts aim to make us the Author of our own life
Just a quiet little note about Data Protection- a subject I frequently refer to but haven’t addressed directly. Usually, any mention I do make about Data Protection is concerned with how to use the Acts as a tool to extract information you want. The legislation is certainly useful for that- though after a decade of using them, Data Access Requests still seem to arrive as a shock to their recipients. But it’s worth remembering that those tools were created in […]
Do the National Newspapers of Ireland (NNI) know who they are?
A while ago I wrote to Mr. Frank Cullen trading as National Newspapers of Ireland, seeking to make a Data Subject Access Request. I have recieved a response to that request on NNI headed paper (albeit one which will be the subject of future correspondence). However, as part of that response came the following assertion; “Your access request was addressed to “Mr Frank Cullen trading as National Newspapers of Ireland”. Please note that Mr. Cullen does not “trade as” National Newspapers of Ireland.” […]
Harley Medical Group (Ireland) Ltd seek winding up over implant claims
Tomorrow, the 8th April, in Court 3 in the Round Hall of the Four Courts, a company called Harley Medical Group (Ireland) Ltd (“The Company”) is appearing before the High Court seeking to be wound up. The company is registered in the British Virgin Islands, with an office in Ireland at 5 Herbert Place. This is the second time this matter has been before the Court. In March Ms. Justice Laffoy ordered that a number of parties- including our […]
Oireachtas Committee on Communications: Digital Rights Ireland submission re Social Media and cyber-bullying
The following is the text of a submission which we have sent on behalf of our clients Digital Rights Ireland to the Oireachtas Joint Committee on Communications and Transport. It was written by Fergal Crehan BL on behalf of Digital Rights Ireland and is a genuine attempt to engage with the current law surrounding balancing rights to free expression with other personal rights. In addition, the submission draws on recent media reports describing Minister for Communications Pat Rabbitte’s intended future […]
EMI Records [Ireland] Ltd and Ors -v- UPC Communications Ltd and Ors : Digital Rights Ireland Ltd granted leave to move Motion to Intervene as Amicus Curiae
This matter was returnable today for directions by Mr. Justice Kelly in the Commercial Court. The High Court Record Number of this matter is 2012/12381. Mr. Ronan Lupton BL, appearing on behalf of Digital Rights Ireland Ltd and instructed by McGarr Solicitors applied to the court for leave to serve a Notice of Motion, together with grounding affidavit, seeking to intervene in these proceedings as a friend of the court, or Amicus Curiae. The court set a date for the […]
Irish Newspapers and Links: A welcome evolution of position
It appears as though there has been some evolution in the position of the Irish Newspaper industry since Friday, when the issue of whether links were subject to copyright was addressed on RTE’s Morning Ireland, the country’s most listened-to radio programme. As of this afternoon. Newspaper Licensing Ireland have placed a prominent statement on their homepage. It reads Statement on behalf of Newspaper Licensing Ireland Limited regarding use of newspaper content For personal use: NLI never requires or requests a […]
Some Reaction to Irish Newspapers demanding money for links
On Sunday night, we published our post 2012: The year Irish newspapers tried to destroy the web on the efforts of the Irish newspaper industry to assert property rights over links. The post has provoked a good deal of comment. For convenience, we have collected up a few of the responses. Hugh Linehan, the Editor of IrishTimes.com: @jobrodie I should acknowledge that it’s all factually correct as far as I know — Hugh Linehan (@hlinehan) December 31, 2012 Prof Jay […]
2012: The year Irish newspapers tried to destroy the web
This is not a joke. I have started with that clarification, because as you read this you will find yourself asking “Is this some kind of a joke?” I thought I would be helpful and put the answer right up at the start, so you can refer back to it as often as you require. This year the Irish newspaper industry asserted, first tentatively and then without any equivocation, that links -just bare links like this one– belonged to them. […]