Author Archives: Edward McGarr
Homework
Matters were in each case made more difficult by the decision of the court of appeal in concluding that, while the judgments were deficient, it was possible to discover what the reasons for the judgment were in each case. Consequently, the appellants although aggrieved at the absence of reasons in the original judgments did not win on appeal and lost more money on legal costs.
Trespassers will be prosecuted, including Tour Groups!
However, the history of Ireland is replete with times and periods when very real domestic threats of terrorism existed. Frequently, the Four Courts was the scene of forensic points of conflict between the State and an irregular armed power.
The Supreme Court Workload
I seem to have picked up the impression that the Irish Supreme Court thinks it is overworked or is burdened by cases without merit.
Negligent? So what?
The logic in the title to this post is lurking in every action alleging negligence, but it is a formidable retort in a medical negligence action.
Contaminated Irish Pork Products: Addendum
A sensible arrangement for the Government indemnity would have made provision for Ireland to be entitled to receive a proper portion of compensation recovered from farmers and/or the pig feed supplier.
Liquidated Damages
The council applied for an injunction to effect entry for the replacement contractor. Mowlem, in resisting the application, claimed that the only loss accruing to the council was a loss of time and that was capable of being remedied under the terms of the contract, which fixed liquidated damages for the delay
Proofs in Medical Negligence
A plaintiff must prove the liability of the defendant. This is not equivalent to proving causation. Liability may arise where proof of an error in judgment or management is established, but the plaintiff must go in to prove that that error was the cause, or a cause, of the untoward outcome for the patient.
Mixing it, lawfully
He justifies this, it appears, by claiming to have been acting in defence of his secretary. The uncertainty lies in the issue as to why she needed defending.
FOWA
McGarr Solicitors will endeavour, (on application here), to see that you have access to free Guinness, not for the occasion, but in association with it.
The Detectives
The job of the police who carry out these investigations is not easy. Every police officer is trained in the giving of evidence. If they do not wish to disclose the true course of events it is easy for them to tailor their account to suit the needs of the situation.