Author Archives: Edward McGarr
Insolvent employers
It is a source of additional worry (above the prospect of unemployment) to employees who have been injured at work, to find that their employer is insolvent.
The Lengthening Anglo Irish Bank Road
Under the Market Abuse (2003/6/EC) Regulations 2005 it is an offence to breach the regulations by engaging in the acts set out in Regulation 5
Please read that again..
Reference has been made in this blog to the necessity of having a lawyer in the conclusion of complex contracts. The same can be said of the necessity of having a lawyer on the interpretation of contracts. In Analog Devices v Zurich Insurance the Supreme Court affirmed the judgment of the High Court in favour of the plaintiff/respondent. The plaintiff had a factory in Limerick engaged in; the manufacture, research and design of high performance linear mix signal and digital […]
Repeat what I just said, please
As the court noted, there was not a clear contract in writing agreed between the parties. (Drawings and specifications were not sufficient to meet the need).
Bankruptcy
Fianna Fail ministers have discovered the seat of Ireland’s problems; the Labour party is the problem, apparently.
Builder’s GUBU
The court held that the Defendant was not answerable for the cost of demolition and reconstruction because the Plaintiff had not informed it of the need for a continuous pour.
Self-Representation
But it would be hard to beat the title of the book – “Represent Yourself in Court and Win!”, for an unhelpful and irritating phrase.
Holiday Hell
The Plaintiffs wished to take their honeymoon in Sharm El Sheikh in Egypt. Having booked, they were alarmed to receive reports that their hotel was being overbooked. They checked with Panorama and were reassured that was not the case. On arrival in Egypt they found it was the case and they were declined accommodation in the hotel contracted for.
The Short/Long Anglo Irish Bank Road
“…any person was knowingly a party to the carrying on of any business of the company with intent to defraud creditors of the company, or creditors of any other-person or for any fraudulent purpose;”
The Long Anglo Irish Road
The Anglo Irish Bank “shareholders” are all “former shareholders”; the shares of the Bank have been transferred to the Minister. Logically, no rights to issue proceedings by former shareholders against proposed Defendants can arise from the expropriation of the shares by the Minister for Finance, but it would be foolhardy to sue without first writing to the Minister and obtaining his consent to issue proceedings, seeking civil remedies.