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Author Archives: Edward McGarr

Belgium

Maybe, as this writer experienced, a colleague alludes, in conversation, to “children in basements in Brussels”.

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The Medical Expert

The issue in a medical negligence action is whether the defendant deviated from approved or appropriate practice. It is an error, usually, to think that the plaintiff will succeed if he/she proves that there would have been no injury had the defendant followed a different course of action. (The exceptional case where it would not be an error would be one where the court was persuaded that the conventional practice carried such obvious defects that it was indefensible and where the court effectively condemns the defendant and the practice.)

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Tough Times?

For solicitors in Ireland income from conveyancing has “fallen off a cliff”. Solicitors practicing in that area were very likely to have taken an investment share in some development or other. (There is a marketing opportunity here for tee-shirts; “the devil made me …..” (insert suitable words)).

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Back Injury

Accidents from errors in manual handling are the commonest source of injury in Irish workplaces.

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Investment losses

A fiduciary duty involves avoiding a conflict of interest, for instance. This is an absolute duty; it does not imply a need for care. Either there is a conflict or there is no conflict.

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Civil Justice

The debate has the unseemly presence of Lord Woolf in it. It is unseemly for him to “defend” his “reforms”. The subject is too important to be tainted by an effort to defend a personal investment.

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Habeas Corpus

McGarr Solicitors act for Jonathan O’Donnell. Jonathan O’Donnell was, apparently, arrested on the morning of 25th June 2009 in Broadhaven Bay, County Mayo by Gardai from Mayo Division.

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Never Again

The Construction Industry Federation says it is not getting ready to challenge NAMA (more particularly the legislation setting up NAMA).

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Blasphemy

When you are finished, you may, at your discretion, help Michael O’Leary how to plan the operation of his pay toilets on Ryanair flights, assuming he is still engaged in that project when you are finished yours, if ever.

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Misrepresentation

Fraud is a little like the “golden thread” [of innocence until proven guilty] running through [British] justice; it means more on some occasions than on others.

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