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Author Archives: Edward McGarr

Drinking Water; a brief Modern History

The European Commission proposed legislation in 1975 to secure clean drinking water for the people of Europe (well, the member States of the EU, anyway). This proposal resulted in the passing of Directive 80/778 EEC. The member States were given five years to bring their systems into compliance. None saw any reason to seek a derogation or extension of time. Events showed that they were not very pressed to comply with the Directive, although they were legally obliged to comply; […]

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Digital Rights Ireland: Motion in Default of Defence

THE HIGH COURT 2006 No. 3785P Between DIGITAL RIGHTS IRELAND LIMITED Plaintiff And THE MINISTER FOR COMMUNICATIONS, MARINE AND NATURAL RESOURCES, THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, THE COMMISSIONER FOR THE GARDA SIOCHANA, IRELAND AND THE ATTORNEY GENERAL Defendants   NOTICE OF MOTION TAKE NOTICE that on the 30TH day of APRIL 2007, at the hour of 11.00 a.m. in the forenoon or at the first available opportunity thereafter Counsel on behalf of the Plaintiff herein will apply […]

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Constituencies Constitutional Challenge: Letter to Chief State Solicitor

THE HIGH COURT RECORD NO. 2819P/2007 Between CATHERINE MURPHY and FINIAN McGRATH Plaintiffs And   THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL Defendants In the light of the Defendants’ public statements since service of the Proceedings, on our clients’ instructions we have sent a letter (available here in pdf format) to the Defendants’ Solicitor today.

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“Projects” and the Environment

Under EU law, action and initiative by a developer must await the completion of assessment of the “projectâ€?.

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Politics with a small p

Broadcasting Complaints Commission get it wrong again.

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Constituencies Constitutional Challenge: Statement of Claim

Statement of Claim of Catherine Murphy TD and Finian McGrath TD challenging the failure to revise the electoral constituencies.

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Constituencies Constitutional Challenge

McGarr Solicitors act for the Plaintiffs.

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Personal Injury – Vibration

For Employers’ duties see HERE Vibration is a common and infrequently recognised cause of injury. It is an avoidable result of using many industrial tools such as chain saws, grinding, sanding, hammering or polishing tools. Apart from general effects such as nausea, giddiness or an inability to focus, all caused by vibration to the entire body, it can damage nerves and blood vessels and deaden a limb such as fingers or hands in “whitefinger”. As the name suggests the first […]

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Foot in Mouth Disease

Government Minister endorses Galway drinking water (conditionally); it’s undrinkable.

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Cryptosporidiosis – Galway (5)

PROBLEM: (That word again). At least 112 people have fallen ill in Galway as a result of consuming polluted water from the public drinking water supply, The City Council supplies the water to the city and the County Council supplies the water to the county. What is the legal position, of an injured person, arising in this situation? ANSWER: 1. The City Council is a thing of statute. Although its powers and responsibilites are defined by statute it is settled […]

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