Practice & Procedure
Mr. KenMore
Here are some easy reforms to bring fairness to the people of Ireland
Death of a Solicitor
What if the solicitor dies?
Access to Justice?
Maybe there’s a necessary correlation between shocking bumbling incompetence (as in the case of sometime EU Commissioner Charlie McCreevy) and a prediliction to patronise. Whatever the case, we see it in the EU Commission plan to “give” a class-action procedural right to EU citizens. Mr. Almunia is in charge of this. He says, confusingly, that; “…only state bodies and certified non-profit organisations would be allowed to bring actions, and that any damages awarded would go entirely to victims and not […]
Goalposts
In January 2010 in Case C-456/08 the European Court of Justice found that Order 84A of the Rules of the Superior Courts was not in accordance with Article 1(1) of Directive 89/665. The Commission had taken proceedings against Ireland over a failure by the National Roads Authority and the terms of Order 84A of the RSC. Ireland lost on both points. The ECJ condemned Order 84A on the grounds it; “..gives rise to uncertainty as to which decision must be […]
Yes, Boss!
Call the judge “Judge” (unless he/she is the Chief Justice (or the President of the High Court)).
Litigation
Failure to settle a case, or failure to settle until “the door of the court” may be caused by a failure to assess where the balance in the case lies, or it may be evidence of a deferment of settlement to the day of trial to maximize the compensation discount a defendant would like to get from an injured plaintiff.
Corrib Gas Update
The court has decided (judgment delivered on 4th March 2010) that the 2nd and 5th defendants are NOT precluded from raising “public law issues”.
Phew!
Insurance has a strange aspect which we often overlook; we are happy that we did not need it.
Insurers
Furthermore, if the defendant insurer is claiming that the claim falls into an exception specified in the contract of insurance, it is for the insurer defendant to prove that fact and not for the plaintiff insured to disprove it.
The Viewing
From an evidential point of view this is equivalent to looking at the murder weapon in a criminal trial, or looking at a large machine which cannot be brought to court with convenience.