Don’t be so negative
In everyday life we must, and try to, say what we mean.
If a Defendant knows that the system will deliver a judgment for the Plaintiff and knows what the compensation for the Plaintiff is likely to be only two issues remain to be vouchsafed; that the costs will increase with the passing of time and that those costs will have to be met by the Defendant.
The Gardaí have had a history of their own difficulties with search warrants and the like.
Readers will have seen reference HERE to a plea in a medical negligence case as to the meaning of a “consent” signed by the patient (who was having an operation to make her sterile).
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.
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.
n Guerra v Italy (1998) 26 EHRR 357, toxic emissions from a factory injured many nearby residents and killed some.
It is an obligation of an advocate, in cross-examination, to convey to the witness the evidence the advocate intends to adduce to rebut the evidence of the witness.
Few people know the source or sources of the ideas they use to prop up their speech, not to speak of their lives.
n Ireland, we have not introduced provision for injured persons to claim against the insurers of the malfeasor who caused the loss.
This blog is settled in the view that the current fashion of requiring minimal discovery of records/documentation in the course of litigation is mistaken.
What has been happening in Ireland, after all in the case of the McCracken, Moriarty, Mahon, and Morris Tribunals, but the investigation of criminal conspiracies?
My post on audio recordings in Garda custody is about establishing the grounds for the making of adverse inferences at trial, not about the procedure for interrogation in Garda custody.