Author Archives: Edward McGarr
A finger in the dike
It is better that that litigation is only the proceedings taken against you. The alternative is that you find yourself in those proceedings and a new second set of proceedings in which you are the plaintiff and “your” erstwhile insurer is the defendant.
Corrib Gas update
McGarr Solicitors act for Brendan Philbin and Brid McGarry, the 2nd and 5th Defendants. Their counsel are Lord Dan Brennan QC and Mark Dunne BL. The Chief State Solicitor acts for the Minister, Ireland and the AG. Their Counsel are James Connolly SC and Charles Meenan SC. Eugene F Collins act for SEPIL. Its counsel are Patrick Hanratty SC and Declan McGrath BL.
Causation in Medical Negligence
In a medical negligence action, in order to fix the Defendant with responsibility, the Plaintiff may have to prove that his illness (his medical condition) was not the cause of his injuries.
I, Me, Myself
The readers of this blog are self-selecting and would be very unlikely to mispronounce “crisps”, as in; “A packet of cheese and onion crips, please”.
Cerebral Palsy claims * : The Statute of Limitations for injuries at birth
Time only runs against a plaintiff who knows he/she has been injured (or could reasonably ascertain he/she has been injured) AND knows who or what has injured him/her (or could reasonably ascertain who or what has injured him/her).
Re-Fried Beans
What actually happens is that a team of civil servants re-writes, polishes, and re-formulates what the member said. The effect is to make the member appear to have been speaking received english (and therefore, capable of doing so; a dubious proposition in many cases).
Business is Business
Under the Regulations, the plaintiff client will become liable for fees only if he/she:
a) fails to co-operate with the legal representative;
b) fails to attend any medical or expert examination or court hearing which the legal representative reasonably requests him to attend;
c) fails to give necessary instructions to the legal representative; or
d) withdraws instructions from the legal representative.
Hold Your Horses!
It frequently happens that a Plaintiff is driven by necessity to apply for injunctive relief to the court before the trial of the Plaintiff’s action.
An Inspector calls
Having been cavalier about its “regulatory�? function, it was forced to cede that responsibility to the Legal Services Board. The Board is one of those independent bodies to which there is always appended the word “independent�? when it is mentioned by its spokespersons and mentors.
“Call me Student X”
The quality of Lord Bingham’s minority judgment is a predictor that the issue will return and be reversed in the future.