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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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The Running of Time

Our legal system contains the idea that time runs. What is meant by this, is that an event triggering a cause of action is the beginning of a window of opportunity to litigate a claim. By implication, the window has an end point as well as a start point. A plaintiff cannot successfully commence litigation until the triggering event (the suffering of a loss, usually) and cannot successfully commence litigation after the expiration of the time allocated by the Statute […]

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Judging judges

There are two big ideas current in modern law. One is expressed in the law of the EU; it is the freedom to do business. The other is the law generated in response to the Second World War; it is the law of human rights. There has been an effort to bring them together (and an effort to keep them apart). The effort to bring them together is in the Treaty of European Union and the Charter of Fundamental Rights […]

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Looking East

Trenitalia is Italy’s national train system. Being national, it is open to political interference in the form of over-manning. Other things being equal, this is good for passengers and employees. Ireland can have nothing to say about this situation. Irish citizens, likewise, must confine their reflections on Italian train travel to their memoirs. The USA also has a bloated and inflated industry; its prison system. There are 758 prisoners per 100,000 of population there. This is not the stuff for […]

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The Actio Popularis, Aarhus Convention and class actions in Ireland

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Ireland currently has a limited form of class action. It is the “actio popularis”. It is not like the US form of class action; it is not of direct benefit to individual members of the public. They get the benefit when they are in the class that benefits from the judgment. They do not simply lodge their claim for compensation, say. The Irish courts have accepted “actio popularis” claims in only one such proceedings; Digital Rights Ireland Ltd. v The […]

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Bad Pills

Pills

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 […]

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The Harley Medical Group: Who are they, really?

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 […]

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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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How to read a newspaper

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”

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The Food Police?

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 […]

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