In everyday life we must, and try to, say what we mean. This is doubly the case in giving evidence. Look at this: QUESTION; You didn’t call out for help? REPLY: No. By this reply, the witness has now sworn that he/she DID call out for help. We see this if we express the intended reply at length – “Yes, I did not call out for help” (or, “I did not call out for help”). Counsel must be careful of […]
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 […]
“It has become a growing practice for solicitors acting for parties in cases before the courts (and, I would venture to suggest, in particular, the Commercial Court) to copy correspondence to the court. Some lay litigants have adopted the same course.”
The Gardaí have had a history of their own difficulties with search warrants and the like.
If the BP oil disaster in the Gulf of Mexico happened in Irish waters who would be held responsible? The question is intentionally ambiguous. It seems to refer to a functioning “administration” which would search out culprits and assign blame and punishment. It seems also to refer to the principles by which blame and perhaps punishment would be assigned. The first aspect might lead to a rant and should be avoided; it is the second aspect to which I refer, […]
Readers will have seen reference HERE to a plea in a medical negligence case as to the meaning of a “consent” signed by the patient (who was having an operation to make her sterile). In Fitzpatrick v National Maternity Hospital  IEHC 62 the Defendant claimed that the mother (in labour) declined an episiotomy or a forceps-assisted birth (leading to the damage to the infant). The court rejected this plea, and rejected the evidence of the Defendant, intended to evidence […]
Road traffic accidents are common, but we rarely witness them happening. If we made a judgment of their frequency based on our experience, we would be wrong.
1. It was (arguably) beyond the remit of the High Court inspector to make exhaustive comment on the giving of legal advice to Mr. Jim Flavin (“Flavin”) on the legality of the sale by Flavin of Fyffes’ shares. 2. However, the advice was wrong, the inspector says. (He could hardly say anything else, given that the Supreme Court effectively said the same thing). 3. Consequently, the question as to whether the solicitor who gave that advice was negligent could arise. […]
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.
Here in Ireland, if there were to be a reprise of that struggle we can not be sure that the courts’ response might not be equally inadequate.