Author Archives: Simon McGarr
It is far from our wish to add to the general hint of ridicule which has accompanied the reports of the former Minister for Justice Michael McDowell SC and Richard Nesbitt SC, chairman of Arnotts, as they argued over the finer points of knitwear on behalf of Karen Millen and Dunnes Stores respectively. However, this case, in which judgement has been reserved, is the first major test of the application of a 2002 European Union Directive to the fashion industry. […]
Deirdre Donegan of the Royal College of Physicians in Ireland alerts us to their upcoming public meeting on healthcare-associated infections (including MRSA). Running as part of the “Promoting a Healthy Nation” series of discussions the details from the RCPI website are; 15th FEBRUARY 2007, starting at 6.00pm in the RCPI, 6 Kildare Street, Dublin. Dr. John Bowman will chair the meeting. Speakers include Prof. Hilary Humphreys, RCSI and Consultant Microbiologist at Beaumont Hospital, Mr. Stephen McMahon, Chairman of the Irish […]
The question has been raised as to whether political videos available for view on sites such as YouTube are governed by the same regulations as pertain to the familiar broadcast media. A good starting point to examine this question would be to investigate what are the sources of the regulation which currently apply to broadcasters in Ireland in relation to political messages. Section 18 of the Broadcasting Authority Act 1960, as amended by section 3 of the broadcasting Authority (Amendment) […]
After a considerable time spent chin stroking and scratching my head, I discovered what was stopping our RSS feeds from working and have fixed it. It was all my fault, of course. We have a number of interesting articles coming up this week, including one on how to deal with a management company, of an estate or apartment complex, which you don’t feel is doing its job properly.
THE HIGH COURT Record No: 840P/2005 BETWEEN: SHELL E & P IRELAND LIMITED Plaintiff And PHILIP MCGRATH, JAMES PHILBIN, WILLIE CORDUFF, MONICA MULLER, BRID MCGARRY, PETER SWEETMAN Defendants And THE MINISTER FOR COMMUNICATIONS MARINE AND NATURAL RESOURCES, IRELAND AND THE ATTORNEY GENERAL Defendants to the counterclaim of second and fifth defendants Update (22nd November 2006) 1. The hearing of the privilege issue motion concluded before Judge Smyth. 2. He reserved his judgement and nominated the 5th December 2006 for delivery […]
THE HIGH COURT Record No: 840P/2005 BETWEEN: SHELL E & P IRELAND LIMITED Plaintiff And PHILIP MCGRATH, JAMES PHILBIN, WILLIE CORDUFF, MONICA MULLER, BRID MCGARRY, PETER SWEETMAN Defendants And THE MINISTER FOR COMMUNICATIONS MARINE AND NATURAL RESOURCES, IRELAND AND THE ATTORNEY GENERAL Defendants to the counterclaim of second and fifth defendants Update (21st November 2006) 1. The privilege issue Motion came on for hearing in court 11 in the Four Courts on 21st November 2006. 2. The hearing will continue […]
It was pointed out to me that my case against the limiting of Civil Service promotional opportunities to those with set years of service is cited in some detail in the cover article in the new edition of the Legal Gazette. The Gazette is the magazine for Irish Solicitors, produced by the Law Society of Ireland. The principle established in McGarr v The Department of Finance, taken together with other cases, has now resulted in the Gazette refusing to run […]
Digital Rights Ireland Originally uploaded by Tom Raftery. I attended Barcamp on Saturday, held in Enterprise Ireland’s Webworks Building in Cork. Digital Rights Ireland‘s Chairman TJ McIntyre had asked me to give a talk about their court case challenging Data Retention. The day itself was very impressive- all thanks to the efforts of the organisers- and the grid of talks soon filled up with an impressively varied choice of topics. My presentation was first, and I ran through who DRI […]
Further to previous enquiries the Department of Enterprise, Trade and Employment’s Intellectual Property Unit has come back to us with the following response. 1. Whether the government is supporting introduction of a Broadcaster’s copyright in the negotiations on the treaty The European Community and its Member States, including Ireland, have supported the efforts over the past decade or so at WIPO to update the system established by the 1960 Rome Convention. Ireland signed the Rome Convention for the Protection of […]
Following consultation with our clients Digital Rights Ireland Limited, we are now making available the Plaintiff’s Statement of Claim in the case of Digital Rights Ireland Limited v The Minister for Justice and Law Reform, The Minister for Communications, Marine and Natural Resources and The Garda Commissioner in pdf format. We have also added a link to the Statement of Claim to the previous list of pleadings in this case.