Tagged: evidence
Legal Advice
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. […]
The Viewing
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.
Appearances
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.
Advisors
The inspector found that, Mr. Jim Flavin, having received legal advice, broke the law as to insider dealing, but, in the light of the advice, did so inadvertently.
Apropos Daniels, again
This blog is settled in the view that the current fashion of requiring minimal discovery of records/documentation in the course of litigation is mistaken.
Hearsay
Hearsay evidence is evidence of what some person, other than the witness, has said (on some other occasion), where the purpose of recounting what was said is to establish the truth of what was said (as opposed to the fact that it was said).