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High Court

Digital Rights case (continued)

Three Motions are (or were) before the High Court. One, that of the Irish Human Rights Commission, was promptly decided by the judge in favour of the IHRC. The IRHC is now a “party” to the proceedings as “amicus curiae”.

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Digital Rights Ireland case

See the letter to Dr. Hans-Gert Pöttering for the context for this.

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A protester is not just for Christmas

n 1984 President Ronald Reagan visited Ireland. There were public protests and demonstrations at his visit. He stayed for a time in the residence of the US ambassador in the Phoenix Park. A number of women took up position in a grassy area across the road from the entrance to the ambassador’s residence with the apparent intention of signaling their protest to President Reagan as he entered and left. He never saw them.

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Que sera, sera

Irish lawyers, arguably, are in denial.

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Human Rights Commission

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 20th December 2007 1. The High Court (Clarke J.) has adjourned the application of the Irish Human Rights Commission (seeking leave to be heard in the proceedings as amicus curiae) to 28th January 2008. 2. The […]

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DRI v Minister for Communications etc & Ors

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 UPDATE (14/12/2007) The Motion of the Irish Human Rights Commission for leave to appear as amicus curiae was adjourned to Monday 17th December 2007.

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Karen Millen, Dunnes Stores and the Pirate Paradox

It is far from our wish to add to the general hint of ridicule which has accompanied the reports of the former Minister for Justice Michael McDowell SC and Richard Nesbitt SC, chairman of Arnotts, as they argued over the finer points of knitwear on behalf of Karen Millen and Dunnes Stores respectively. However, this case, in which judgement has been reserved, is the first major test of the application of a 2002 European Union Directive to the fashion industry. […]

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Witness Immunity

Most witnesses are compellable, that is, they will be obliged to attend and give evidence in court. The method of doing this is to serve a subpoena on the witness. Reasonably enough, the witness is and should be protected from litigious attack for giving evidence. Absolute privilege attaches to statements that are made in the course of the administration of justice. This has been stated as “…anything said, or published in writing, in the court and as part of legal […]

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Multi-Party litigation

Ireland has nominal provision for multi-party litigation.

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Constituencies Constitutional Challenge – Election result

Although it was not and is not an issue in the General election, it would not be innapropriate to report the outcome for the two Plaintiff candidates in their respective constituencies.

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