Author Archives: Edward McGarr
The Injuries Board views this information narrowly. It extracts it as statistics and makes little effort to draw conclusions from it.
It was also unnecessary. The burden of proof on Anglo Irish Bank was on the balance of probability. Undoubtedly its loan documentation unequivocally showed that Mrs. Quinn signed up to a loan transaction. (We can know this because of what we know about lawyers; her lawyers would have pointed out any deficiencies. From reports, they did not, therefore there were none).
The Minister’s mode of expression is a “first strike” in a blame game where the Minister’s antagonists are weak and disparate and their work is obscure to most citizens.
That will become more difficult without ready access, without quibble, to all the prosecution material, particularly the stuff the prosecutor deems not relevant or necessary to his/her case.
Consequently, financial claims arising in contract do not all deserve to be heard in summary manner in the High court; some should go to plenary hearing with a full examination of the context in which the agreement was concluded.
Don’t expect expressions of regret from any participants, or admissions that the changes for which the Minister was responsible have led to this.
So, that’s what we need lawyers for; to write the pleadings and affidavits of the litigants and to make sense of the world.