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Judicial review

Corrib Gas update

The State parties appealed the judgment of Laffoy J. to the Supreme Court. The appeal came on for hearing before the Supreme Court on 24th October 2012 and finished that day. Judgment has been reserved.

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Counsel

This is the body that ensures that Ireland has no provision for launching class actions;

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Goalposts

In January 2010 in Case C-456/08 the European Court of Justice found that Order 84A of the Rules of the Superior Courts was not in accordance with Article 1(1) of Directive 89/665. The Commission had taken proceedings against Ireland over a failure by the National Roads Authority and the terms of Order 84A of the RSC. Ireland lost on both points. The ECJ condemned Order 84A on the grounds it; “..gives rise to uncertainty as to which decision must be […]

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WAR! WAR?

Of course, Article 28 (3) is out of date; no State actor in international affairs follows the convention and legal obligation to “declare” war – they just wage it. Nevertheless, as a purely internal Irish affair, to take a hands-off approach to Executive action on such a question, where the Executive can seek the assent of the Dail, but does not, is not in the national interest.

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Mode of Business

NAMA is a scandal. It is a scheme to transfer taxpayers’ money to private institutions without a rational justification.

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Never Again

The Construction Industry Federation says it is not getting ready to challenge NAMA (more particularly the legislation setting up NAMA).

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Park Bye-laws?

Given that they are close to the persons who make up the Rules Committee of the Superior Courts, they will be unlikely, currently or in the future, to direct any criticism or complaint at the work of the Committee.

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Taxis

It will not apply to debates on the legitimacy of tight time limits on applications for Judicial Review under Order 84 of the Rules of the Superior Courts, because there are no such debates.

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Corrib Gas update

McGarr Solicitors act for Brendan Philbin and Brid McGarry, the 2nd and 5th Defendants. Their counsel are Lord Dan Brennan QC and Mark Dunne BL. The Chief State Solicitor acts for the Minister, Ireland and the AG. Their Counsel are James Connolly SC and Charles Meenan SC. Eugene F Collins act for SEPIL. Its counsel are Patrick Hanratty SC and Declan McGrath BL.

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The, Private, Public Servant

Our Financial Regulator is confident, and has asserted so in public, that he is not at fault in failing to properly regulate the Irish Banks in circumstances where they ultimately needed rescuing by the taxpayers. For his pains he has been told by (some) elected representatives he ought to resign. In fact, it is difficult to criticise him. That is not to say he is not open to criticism, just that it is difficult to do so, as was seen […]

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