Tagged: Human Rights
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 […]
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 […]
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 […]
Had we but world enough and time… To peer-review our works and rhyme ‘Twould serve us well in private state But publick matters are not so fine To let us leave the readers wait Who pay us time for their estate And not the purchase of our pine – With apologies to Andrew Marvell The news that the Cearta.ie blog, written and maintained by Dr. Eoin O’Dell of Trinity College Dublin has gone offline was received in this office with […]
On 21st June 1943, the Gestapo raided the house of Dr. Frédéric Dugoujon in Lyon. There they found nine leaders of the French Resistance, including Dr. Dugoujon, Jean Moulin, Raymond Aubrac and René Hardy. Only René Hardy escaped, there and then. Jean Moulin, returned from Britain, had been charged by General De Gaulle with uniting the various factions within the Resistance. He was tortured extensively by Klaus Barbie in Lyon and died in a railway station in Metz on his way to Germany. […]
What is the economic cost of a proper defence? Inevitably, it will vary from case to case, but Clive Stafford Smith estimates that 1,000 hours will be needed for the task. That’s 83 days. Now assume an hourly rate for the lawyer at €300 (because that is less than the rate allowed by the Irish High Court for some company liquidators) and we can work out the cost of the defence, – €300,000.
Like many lawyers, Mr. Blair’s representation of his client, Dred Scott, was not for money but from conviction.
Will Ireland suffer the humiliation of Irish citizens bringing a class action in London for events which happened in Ireland?
The Irish State has a very poor record in defending the constitutional right to compensation for personal injury.