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Author Archives: Simon McGarr

Corrib Gas case – 21st November 2006

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 […]


McGarr v Department of Finance in Legal Gazette

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 […]


Talk on Data Retention at Barcamp Ireland

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 […]


Ireland’s position on the WIPO Broadcast Treaty

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 […]


Digital Rights Ireland Ltd Statement of Claim

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.


WIPO Treaty on the Protection of Broadcasting Organisations

The WIPO is an agency of the United Nations based in Geneva. Currently a treaty is being negotiated there on ‘The Protection of Broadcasting Organisations’. Aspects of this treaty have provoked some concern by interested bodies. To clarify Ireland’s position at the negotiations for this treaty, we contacted the Intellectual Property Unit of the Department of Enterprise, Trade and Employment. We reproduce the relevant sections of our query and their response, with the names of Officials redacted. From McGarr Solicitors: […]


Digital Rights Ireland Data Retention Case

McGarr Solicitors represent Digital Rights Ireland Limited in their action against the Minister for Justice and Law Reform, the Minister for Communications, Marine and Natural Resources and the Garda Commissioner’s data retention policies and actions. Following consultation with our client, we are now making available the pleadings to date in this action in Adobe pdf format. Digital Rights Ireland Limited Plenary Summons Appearance entered by the Defendants Statement of Claim of the Plaintiff


Welcome to the McGarr Solicitors Website

Welcome to the McGarr Solicitors website. We are trying out something which we think is new for Ireland- a full solicitor’s website run through the WordPress software. The permanent sections down the right hand side of the page under Our Practice will expand as we upload them. This front page will contain copies of each of those permanent pages, but will also publish shorter pieces. Some of these may be responses to events of the day, or observations on some […]