Tagged: Contract Law
HSE CTIF
The title means “Health Service Executive Clinical Trial Indemnity Form”. In Ireland a clinical trial (which covers the testing of proposed pharmaceutical products) must be approved by an Ethics committee (of a hospital, say) and the Irish Medicines Board. Because of the legal complications of supplying products on which, effectively, no assurances of safety can (or will) be given, it is standard practice for “the Hospital”, “the Authority”, “the Investigator” and “the Sponsor” to sign a Health Service Executive Clinical […]
Pyrite: Liability, compensation and time limits for claims
The cost of remediation of buildings damaged by the incorporation of pyrites into them is considerable. This is unavoidable where the construction works have been completed and, typically, the pyrites are in the sub-base of the construction. The pyrites expand in certain circumstances, deforming the floor and walls and other structural elements of the building. The current estimate is for 1,100 private dwellings affected. It has been estimated that each will cost €50,000 to repair. That’s a total of €50 million. […]
Bad Pills
Many medicines are poisons. According to Paracelsus, everything is poisonous in some degree. This fact presents a legal problem, depending on how it is looked at; if a medicine damages the patient, how can the doctor or the manufacturer be held liable? It was generally known that the medicine was harmful, was it not? The doctor’s case is more straightforward. If the doctor follows general practice and the manufacturer’s instructions, in the prescribing and administering of the medicine she will not […]
Harley Medical Group – Did you get this notice?
RULE 4.228 OF THE INSOLVENCY RULES 1986 NOTICE TO THE CREDITORS OF AN INSOLVENT COMPANY OF THE RE-USE OF A PROHIBITED NAME THE HARLEY MEDICAL CENTRE LIMITED (Company Number 01728619) I, Melvin Braham, of 11 Queen Anne Street, London W1G 9LJ was a Director of the above named company on the day it went into administration. I give notice that I am acting and intend to continue to act in one or more of the ways to which Section 216(3) […]
The Harley Medical Group: Who are they, really?
In the UK and Ireland, The Harley Medical Centre Ltd., trading as The Harley Medical Group, was a major seller and distributor of the defective PIP breast implants. The Harley Medical Group (Ireland) Ltd is currently before the Irish courts, looking to be put into liquidation. McGarr Solicitors is the only solicitors’ firm that has attended court for Irish PIP victims and argued for their clients’ interests in this application. The Crime The PIP criminal trial is currently at hearing in […]
The Harley Medical Group
This post concerns a matter returnable before the Irish High Court on 8th April 2013. A company named The Harley Medical Group (Ireland) Ltd. has applied to the court for an order compulsorily winding up the company. McGarr Solicitors, by order of the court, has been made a notice party to the application and has received copies of the application with its grounding affidavit and exhibits. We are notice parties because we act for a number of women fitted in […]
British is Better
With very little bother or trouble, the Oireachtas could and should remedy a real and persistent injustice for many injured persons. In Hu -v- Duleek Formwork Ltd & Anor [2013 IEHC 50, the High Court declined to make a declaration that the Plaintiff was entitled to the benefit of an insurance contract taken out by the insolvent Defendant company. The insurance company, Aviva, took issue with the Defendant’s failure to pay the excess of €1,000 which, as between the Defendant and […]
Sticking in your craw?
Recent posts have been food oriented. If the posts or your food are, reportedly, sticking in your craw, you are using a figure of speech. Humans do not have a craw, birds do. It is also known as the crop. Just down the bird’s alimentary system is the gizzard. Food does not stick there. Chickens, for instance, store small pebbles in the gizzard to grind food, they not having teeth. It’s suggestive of their ancestry in the dinosaurs, some of whom […]
Moods
We are a firm of lawyers. Our website should deal with legal subjects. Hopefully, we do not lapse from that rule and, without going to the trouble of conducting an audit, we think we do not. It’s a broad rule and allows us to write (polemically if necessary) about such diverse topics as road accidents, accidents at work, medical negligence, planning act infringements and fingerprints. We could, if necessary, even comment on Bilbo Baggins’ contract with the dwarves at the […]
Faulty Beef Burgers
This is the appropriate editorial to replace that of the Irish Times of 2nd February 2013. The blame for Ireland’s faulty beef burgers lies with the relevant Irish meat processors and, maybe, with someone in Poland. The testing of the burgers showed two pertinent facts; the animal source of the burger content and the proportion coming from each animal type. Of the tested burgers, most contained trace elements of horse and/or pig. One did not. That one burger, from Silvercrest […]