Tagged: EU law
Many medicines are poisons. According to Paracelsus, everything is poisonous in some degree. This fact presents a legal problem, depending on how it is looked at; if a medicine damages the patient, how can the doctor or the manufacturer be held liable? It was generally known that the medicine was harmful, was it not? The doctor’s case is more straightforward. If the doctor follows general practice and the manufacturer’s instructions, in the prescribing and administering of the medicine she will not […]
In the UK and Ireland, The Harley Medical Centre Ltd., trading as The Harley Medical Group, was a major seller and distributor of the defective PIP breast implants. The Harley Medical Group (Ireland) Ltd is currently before the Irish courts, looking to be put into liquidation. McGarr Solicitors is the only solicitors’ firm that has attended court for Irish PIP victims and argued for their clients’ interests in this application. The Crime The PIP criminal trial is currently at hearing in […]
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 […]
Noted in the Irish Times, 2nd February 2013, page 15. “With no evidence of fraud…” This phrase means there was no evidence of deceit by Silvercrest Foods Ltd. There was in fact deceit. Tesco was deceived as to the sources of the burger meat; it described it as a breach of trust. My online dictionary defines “fraud” as: “a person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities”
The finding by the Food Safety Authority of Ireland of horse meat in frozen beef burgers invokes the following legal provisions: A) Articles 14 (1) and 16 of Regulation (EC) N° 178/2002 on General Food Law; B) Regulations 5 (1) and 6 of the European Communities (General Food Law) Regulations 2007. Under Article 14 (1) of Regulation No. 178/2002, “Food shall not be placed on the market if it is unsafe”. “Unsafe” includes food unfit for human consumption. The Regulation […]
When the Food Safety Authority of Ireland tested a range of Irish frozen beef burgers, purchased from Irish and British supermarkets, it found evidence that they contained horse meat and/or pig meat. It found that the source of the offending meat was the respective manufacturer of the beef burger. In the case of Silvercrest Foods Ltd. almost 30% of one burger constituted horse meat. These facts were sufficient evidence to prosecute the various manufacturers (and the retailers). Prosecutions are necessary […]
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”.
Maybe there’s a necessary correlation between shocking bumbling incompetence (as in the case of sometime EU Commissioner Charlie McCreevy) and a prediliction to patronise. Whatever the case, we see it in the EU Commission plan to “give” a class-action procedural right to EU citizens. Mr. Almunia is in charge of this. He says, confusingly, that; “…only state bodies and certified non-profit organisations would be allowed to bring actions, and that any damages awarded would go entirely to victims and not […]
The High Court is seeking submissions from the parties to the Digital Rights Ireland case. See the Pleadings HERE. See the most recent post on the issue HERE The Court is seeking suggestions as to the form of questions to be submitted to the European Court of Justice. DRI has, in its Statement of Claim, suggested a form of question or questions to be submitted. Currently, DRI has furnished its expanded draft of the terms of the Reference to be […]
DRI’s case is brought in its own name, but it is an action with implications for every citizen of Ireland, whether they know it or not.