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Author Archives: Edward McGarr

Legal Costs

Real justice would recognise the inequality of arms in this struggle. The formal equality of litigants is often illusory. Lawyers know this and act accordingly.

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…and Finally Falling…

What happened, then, to those Bye Laws on the repeal of Section 54 of the Public Health (Ireland) Act 1878 in 1996?

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Public Health (Ireland) Act 1878 – Sect 54

This legislation clearly states that the snow is a nuisance. It is a public nuisance if it is on the public pavement. If it is not cleared off by the adjoining occupier, it is being maintained by him/her. Consequently the occupier is answerable for injury sustained by passersby who fall on the snow.

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The Banks lied to NAMA?

What possible lie could a banker tell NAMA that NAMA and the Government had not already slipped over on the public?

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Du.. Du.. Dubonnet!

Our plaintiffs, Catherine Murphy and Finian McGrath failed in their challenge to defend democratic principles; Pearse Doherty has not.

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Neutered Persian cats

By Irish standards this last point is hard to take. After all, we have the leader of our Executive addicted to the phrase, “…going forward”. His predecessor’s mode of expression was sufficiently eccentric, closed and personal as to be representative of a type; Bertiespeak.

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…usque ad coelum et ad inferos

Solicitors may or may not be from Hell, but there will be occasions when, to Hell they must go.

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Fundamental Laws

Sean Fitzpatrick’s business model for Anglo Irish Bank plc (when it was revealed to the public) had a familiar ring about it.

It expressed a belief in a perpetual motion device.

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Access to Justice?

Maybe there’s a necessary correlation between shocking bumbling incompetence (as in the case of sometime EU Commissioner Charlie McCreevy) and a prediliction to patronise. Whatever the case, we see it in the EU Commission plan to “give” a class-action procedural right to EU citizens. Mr. Almunia is in charge of this. He says, confusingly, that; “…only state bodies and certified non-profit organisations would be allowed to bring actions, and that any damages awarded would go entirely to victims and not […]

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Vendor says no

For the legal profession, there is good news in this. It means a solicitor should be paid, by a client, not for accepting instructions, but for giving advice.

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