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Author Archives: Edward McGarr

Bad Banks & Bad Language

Despite the incompetence (to be temporarily mealy-mouthed) of The Irish Financial Regulatory Authority (the Central Bank of Ireland trading under a pseudonym) the ugly truth just may leak out, despite the best efforts of Brian Lenihan and Brian Cowen to prevent it from leaking out.

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Taxis

It will not apply to debates on the legitimacy of tight time limits on applications for Judicial Review under Order 84 of the Rules of the Superior Courts, because there are no such debates.

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What’s the news?

Every judge can now have his/her “followers” and indeed, may use Twitter to sample opinion with a view to staying onside any any particularly thorny legal question.

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Planning Enforcement

Firstly, the Planning and Development Act 2000 places no express obligation on the prosecution to prove that the “development” is unauthorised. Development, whether of use or of works, is not unauthorised unless it post-dates 1st October 1964.

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Quarries

Quarries, no less than any other development, are subject to control by application to the High Court

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Contract Law (2)

Sam Goldwyn (of Metro-Goldwyn-Mayer, the US film producers) said of oral contracts, that they were not worth the paper they were written on. He was right, because of the lack of certainty they embody. Inevitably the two interlocutors making the “oral contract” will have differing recollections of the terms agreed. Litigation on such a contract is an unpredictable gamble.

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Contract Law (1)

Signing a contract for a new roadway (or a new building) is a significant matter. The contract will have to provide for a great number of things, not least the specification for the type or quality of road or building.

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Anglo Irish Bank Corporation (3)

Comment on the situation at Anglo Irish Bank is, if it is fair, privileged. The matter is one of public interest. This means it is open to people to speak about the situation freely without worrying that they might be the subject of legal proceedings for defamation.

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Anglo Irish Bank Corporation (2)

There is a complete desert of information on the issue of the auditing of Anglo Irish Bank by Ernst & Young. The first pertinent question to ask is, who were the accountants, as opposed to the auditors? Were Ernst & Young also the accountants? The standard of care for an auditor is, almost invariably, that of the reasonably careful member of his profession. In short, just like a medical practitioner, the auditor is judged by the standards of practice among […]

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Dud Motor Cars

The consumer has a choice of suing the Finance Company and the motor dealer who “sold” the car to the consumer or just the Finance Company.

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