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High Court

How to read the “news” on medical negligence

According to the Irish Independent, a High Court judge (Judge Irvine) has urged “an overhaul of negligence cases”. The newspaper goes on to report what the judge actually said; that she believes “new protocols and rules of disclosure would lead to early resolution and early admission of liability when justified” [in “medical negligence” cases]. There are two ideas in the judge’s beliefs, both good; that early resolution and early admission of liability are desirable goals, and that new protocols and […]

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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 […]

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EMI Records [Ireland] Ltd and Ors -v- UPC Communications Ltd and Ors : Digital Rights Ireland Ltd granted leave to move Motion to Intervene as Amicus Curiae

This matter was returnable today for directions by Mr. Justice Kelly in the Commercial Court. The High Court Record Number of this matter is 2012/12381. Mr. Ronan Lupton BL, appearing on behalf of Digital Rights Ireland Ltd and instructed by McGarr Solicitors applied to the court for leave to serve a Notice of Motion, together with grounding affidavit, seeking to intervene in these proceedings as a friend of the court, or Amicus Curiae. The court set a date for the […]

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EMI Records (Ireland) and Ors -v- UPC and Ors: Court Report

This matter was returnable today in Court 1 on a Motion for Entry before Mr. Justice Kelly. The High Court Record Number of this matter is 2012/12381. Mr. Cian Ferriter SC appeared in the matter for Vodafone and Mr. Gerard Kelly of Matheson Solicitors appeared for UPC and others. Mr. Jonathan Newman BL appeared for the Plaintiffs. The Court directed that the matter be returned for the 29th January for directions and any required motions. The parties are to meet […]

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High Court Personal Injury trials

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.

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Personal Injuries Claims: The State’s gift to the Defendants

How can a defendant harass a plaintiff? By bringing a motion to court. The motion will seek orders within the terms of Section 10. Under Section 14 of the Civil Liability and Courts Act 2004 http://www.bailii.org/ie/legis/num_act/2004/0031.html#partii-sec14 a plaintiff must swear, serve and file an affidavit of verification of the pleadings served. This implies that no insufficiency of pleading, if it exists, can be defended. After all, what was pleaded must be true. Is the plaintiff playing fast and loose with […]

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FBM

Don’t expect expressions of regret from any participants, or admissions that the changes for which the Minister was responsible have led to this.

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Secret(ive) Courts

Construction may be everything; if the object of criticism thinks the criticism may lower him/her in the estimation of right-thinking members of the community he/she may sue for defamation.

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Digital Rights Update: Judgment Reserved

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 (21/4/2010) 1. Digital Rights Ireland Ltd. has taken a case against the Irish Government as seen HERE. 2. McGarr Solicitors act for Digital Rights Ireland Ltd. 3. DRI brought an application to the High Court to seek a […]

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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.

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