Author Archives: Edward McGarr
Professional Sex
What cannot be denied is that sexual standards differ between the sexes, and, probably, professions. Few would defend a doctor who had a sexual relationship with a patient. The issue is, of course, abuse of power.
THE OFFICE PREMISES ACT 1958
THE OFFICE PREMISES ACT 1958
Human Nature
Consider this; in the writerâs experience when the word âindependentâ? is associated with the title of any institution, it is invariably the case that the institution is not âindependentâ?.
Indictments are like cheques; sign them!
endorsed the decision in R v Morais (1988) 87 Cr App R 9. In that case the judge had given leave to prefer a voluntary bill against the accused, who was arraigned on six counts in the bill. The accused pleaded not guilty, was convicted on four counts and was sentenced. Relying on the Administration of Justice (Miscellaneous Provisions) Act 1933, he appealed on the ground that the bill had never been signed by the proper officer: without a signature, he argued, there could be no indictment, and without an indictment there could be no valid trial.
In Morais the Court of Appeal agreed with the submission. The court endorsed a statement of Peter Pain J in an earlier case:
It seems to us that it is impossible for a criminal trial to start without there being a valid indictment to which the defendant can plead, and that the bill of indictment does not become an indictment until it is signed”.
In Ireland the relevant legislation is the Criminal Justice (Administration) Act 1924. It mandates the form of the indictment in the Act and in the First Schedule to the Act. The choice of indictment is limited to the charges expressed or implied in the documents known as the âBook of Evidenceâ? served on the accused.
Building Disputes
It is important to recognize that the expense of construction (which is considerable) carries the hidden reciprocal cost of the dispute and that the parties should budget for spending that money if and when the dispute breaks out. If that is budgeted for there will be a minimized loss of momentum in driving the dispute resolution process to an early conclusion.
Bertie Ahern and Warren G Harding
Bertieâs friends are particularly brazen in claiming âunfair proceduresâ? on the part of the Tribunal. Of what do they think cross-examination consists? Do they think counsel should write down his questions and give advance notice of them in that format? And not deviate from the script?
9th October 1890, a fateful day for solicitors
Morris was, probably, a counterfeit solicitor. Even so, as remarked by Dr. Watson’s companion, he had benefited Mr. Wilson, the red-headed pensioner by £30 and a deep knowledge of every subject coming under the letter “A” in the Encyclopaedia Britannica, before abruptly dissolving the League and ending Mr. Wilson’s income.
Barristers
He was a fetid Mass, that offended his Neighbours at the Bar in the sharpest degree.
Digital Rights Ireland Litigation
There are currently three Motions before the High Court. They are, currently appearing in Court 1 Distillery Church St. Dublin 7.
Personal Injury: Case History – Downes v G. O’Doherty & Sons Ltd.
While the Plaintiff was employed by the Defendant as a labourer, he lifted a bundle of timber onto his shoulder and suffered severe pain in his lower back. He was taken, in pain, to hospital where he remained for two weeks. He was diagnosed as having a slipped disc and eventually he had an operation which improved matters. He reached a condition in which he was compelled to discontinue working for the Defendant. He was unable to sit in a […]