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The Statute of Limitations

The title to this post is a misnomer; it implies that there is one single location where the law on limitations of action is stated. This is not the case, but it is the colloquial method of referring to the issue. The issue is this; at what point and in what circumstances will an alleged injured person (injured in body, property or reputation) be prevented from maintaining legal proceedings, for redress, due to delay in bringing the proceedings? All common […]

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Mr. KenMore

Here are some easy reforms to bring fairness to the people of Ireland

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Death of a Solicitor

What if the solicitor dies?

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Legal Costs

Real justice would recognise the inequality of arms in this struggle. The formal equality of litigants is often illusory. Lawyers know this and act accordingly.

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…and Finally Falling…

What happened, then, to those Bye Laws on the repeal of Section 54 of the Public Health (Ireland) Act 1878 in 1996?

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Public Health (Ireland) Act 1878 – Sect 54

This legislation clearly states that the snow is a nuisance. It is a public nuisance if it is on the public pavement. If it is not cleared off by the adjoining occupier, it is being maintained by him/her. Consequently the occupier is answerable for injury sustained by passersby who fall on the snow.

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Injuries by dogs

For once our Government, [which, like every other element of the State, is, rest assured, amongst the best in the world], is ahead of the UK government. Unlike the UK there is, here in Ireland, a two tier level of strict liability for damage caused by dog attack.

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Contests

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, […]

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Hindsight again, Minister?

The musings by the Director of Public Prosecutions as reported HERE warrant a book written on them. He has pointed to the need for, and social value of whistleblowers. This being a blog, a posting will have to suffice. His musings were followed by a proposal from the Minister for Justice, the terms of which are currently obscure. Assuming that there is no co-ordination between the Minister for Justice and the DPP, and assuming them to be decent, well-meaning office […]

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Justice

(Of course the foregoing is a fiction. Our Executive has ensured that the Oireachatas does not function correctly; somebody other than the Oireachats decided the terms of the Act).

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