Author Archives: Edward McGarr
The Injuries Board
The Injuries Board views this information narrowly. It extracts it as statistics and makes little effort to draw conclusions from it.
Iolanthe, Certainty and Knowledge
It was also unnecessary. The burden of proof on Anglo Irish Bank was on the balance of probability. Undoubtedly its loan documentation unequivocally showed that Mrs. Quinn signed up to a loan transaction. (We can know this because of what we know about lawyers; her lawyers would have pointed out any deficiencies. From reports, they did not, therefore there were none).
The Paperless Court
That will become more difficult without ready access, without quibble, to all the prosecution material, particularly the stuff the prosecutor deems not relevant or necessary to his/her case.
The Politics Of Contracts
Consequently, financial claims arising in contract do not all deserve to be heard in summary manner in the High court; some should go to plenary hearing with a full examination of the context in which the agreement was concluded.
FBM
Don’t expect expressions of regret from any participants, or admissions that the changes for which the Minister was responsible have led to this.
Talk to the Hand!
“It has become a growing practice for solicitors acting for parties in cases before the courts (and, I would venture to suggest, in particular, the Commercial Court) to copy correspondence to the court. Some lay litigants have adopted the same course.”