Author Archives: Edward McGarr
Refute this!
This is a very risky posting. Itâs about words, and how we use them. The subject word is ârefuteâ?. This is a word which politicians and lawyers (or policemen; Sir Ronnie Flanagan being the latest) have use for, but it is its misuse that is the focus of attention. It is sometimes used as a substitute or synonym for âdenyâ? or âcontradictâ?. I contend that this misuse is not accidental. It is chosen because at some level of consciousness the […]
Sub Judice
The Irish Times reports on 20th January 2007 that the High Court is hearing an appeal from the Circuit Court where the Plaintiff was successful against a provincial newspaper for breach of privacy. Apparently the Plaintiff was photographed while playing gaelic football and his genitals were visible in the photograph, which the newspaper published. The Plaintiff had also pleaded defamation but abandoned that claim in the Circuit court. The appeal is current and final submissions from the newspaper are expected […]
Cleanliness & Godliness
The Mater Hospital in Dublin is one of the cityâs major hospitals. It is the designated site for the new âworld classâ? childrenâs hospital [and an adult hospital adjoining]. It has apologised to a former patient who stayed in the hospital last May. It apologised for âany incidents of sub-standard hygieneâ? she may have experienced. Her experience was: a) The hospital was filthy; b) There was urine on the floor of the toilets; c) Excrement was stuck to the sides […]
Wringing and Washing of hands
The Minister for Health and Children is anxious that the Health Executive should achieve a reduction in nosocomial infections in Irish hospitals in the immediate future. The principle infection in mind (although not the most difficult) is MRSA. What’s the solution? Hand washing. (Hygiene actually). The methods of ensuring compliance with hand washing protocols will probably vary from place to place but the job is not impossible. In any event, employees of hospitals are entitled in law to safe places […]
A POLICEMAN’S LOT
It is going to get tougher to be a senior police officer. According to the Irish Times of 13th January 2007, the Minister for Justice Equality and Law Reform, and the Garda Commissioner, are pondering the feasibility of making âpolice chiefsâ? (the Commissioner?) accountable for crime statistics “in their ⦠area”. Any ambiguity in the report, and all the questions possibly begged by the idea aside, there is help at hand for the officers concerned. Firstly, do not put your […]
Digital Rights Ireland
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 19TH day of FEBRUARY 2007, at the hour of 10.30 a.m. in the forenoon or at the first available opportunity thereafter Counsel on behalf of the Plaintiff herein will apply to […]
The Children’s Hospital
Crumlin Childrenâs Hospital has declined to transfer to the proposed site for the new âworld classâ? childrenâs hospital at the Mater Hospital on the North Circular Road in Dublin 7. The reason for this refusal is that the site is inadequate for the project. If the site is inadequate, there will be deficiencies in the infrastructure for the new hospital. Without proper infrastructure (assuming the staff continue working in such circumstances) the task of delivering proper care to the patients […]
Magna Carta repealed!
This web site is not intended to be an academic forum (although, if leather armchairs are on offer, it aspires to resemble an academic common room). No apologies are offered therefore for the earlier failure to alert the nation to the repeal by Ireland of Magna Carta (25 Edw. 1 Magna Carta) According to Wikipedia England (Britain) had already repealed it. Nevertheless, why have our barons and churchmen permitted this abrogation of their rights immemorial? It is instructive that this […]
Management companies in apartment complexes
Management companies in apartment complexes 1. There are good reasons for the existence of management companies in apartment complexes. The need exists for some legal entity to manage and control the âcommon areasâ?, those portions of a development that are not part of any apartment. Normally each apartment owner has a share in the management company or is a member. These are usually companies limited by Guarantee. The management company will insure the apartment complex (including the apartments) and will […]
A Death in Hospital
1. When someone dies in hospital (or having just left it) it is easy to overlook the necessity for notifying the local coroner. Why have an inquest? Is the cause of death not known? 2. Possibly not. In any event Section 18 (4) of the Coroners Act 1962 sets out the legal obligations following on the death of a person. “18… (4) Every medical practitioner, registrar of deaths or funeral undertaker and every occupier of a house or mobile dwelling, […]