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International Law

Air Travel Accidents

Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) requires air carriers in the EU to give the following summary of a passenger’s rights on the air ticket. “Air carrier liability for passengers and their baggage This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention. Compensation in the case of death or injury There are no financial limits to the liability for passenger injury or death. […]

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Words, words, words

The new Chinese year, just commenced, is the Year of The Horse. We lost a lot when the horse ceased to be a major source of power and transport. Prior to that, practically everybody personally knew the meaning of phrases like; “closing the stable door after the horse has bolted” or “live, horse, and you will have grass”. We even knew what a cock-horse was. This knowledge shielded us from official obfuscation. No bulletin, however mendacious in its departure from […]

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Irish Foreign Policy

It would be really nice and reassuring if we could know what Ireland’s foreign policy is on some important matters. Recently, I heard the minister for Foreign Affairs and Trade on the radio; he asserted he was working very long hours and working hard. He said it was a privilege. I was immediately concerned. The assessment of his work is not his to make; it is ours. He should, instead have reported on the issues, not on his workload. With […]

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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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Gone, really gone?

Current events bring to mind an occasion from the past. In 1503, Pope Alexander VI died. Then, (no more than now), the provisions for inquests were absent from Papal affairs. Significantly, however, the Pope and his son, Cesare Borgia each fell ill after a meal given by the Pope to entertain Cardinal Adriano da Corneto. Because each had fallen ill and, presumably, because the Pope had controlled the circumstances of the meal there grew a belief that the Pope’s attempt […]

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Holiday Injuries; is it a Package Holiday?

That means that injuries from food poisoning, or road accidents caused by the negligence of drivers or mechanics are all suitable to be litigated under the 1995 Act, conditional on those services causing the injury being part of the “obligations under the contract”.

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Passports

A passport is a very odd document. It does not belong to the bearer. It grew from a “letter of introduction” to its present form. It is a request from the home state of the traveller to the state or states to which the traveller is going, to accord the traveller respect and not to infringe his/her rights. As an instance of this Giovanni Belzoni, an Italian strongman (literally), in 1815 procured a letter from the British consul in Naples to […]

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Brown Envelopes

There is a perception in the public that our corruption index is high. Only full and open investigation and punishment of offenses will reduce this perception.

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The Brussels Regulation

n Ireland, we have not introduced provision for injured persons to claim against the insurers of the malfeasor who caused the loss. This provision is available in the UK and, it would appear from Knight v Axa, France.

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Institutions

When will we have an investigation of the complicity (or ignorance, if such be the case) of our politicians, particularly our Ministers for Justice etc. during those years, in relation to those matters?

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