Author Archives: Edward McGarr
SMDF: Plausible?
o, the evidence of implausibility in the Law Society narrative is this; there is no evidence of admission by the directors of SMDF of their presumed disgrace.
SMDF: Confidential?
urely the Law Society should immediately place the “confidential report” on its website so that its members might feel more like professional people rather than mushrooms in a cloche.
SMDF: Questions for the Law Society
Will the Society release to the public the legal advice it has received relating to its proposal to bailout the SMDF?
Can’t pay; won’t pay
n short, to repeat, currently the Law Society of Ireland has no power to lawfully compel the payment of the levy to make up the SMDF insolvency shortfall.
The SMDF debacle
That SMDF has failed is, of course, of great concern. It was promoted by the Law Society of Ireland. Its directors were, invariably, past Presidents of the Law Society. Arguably, the failure of the SMDF is a failure of the Law Society. But that is not to say that the Law Society’s members are responsible for that failure. The members had no method of seeking accountability for the activities of the SMDF or the Law Society’s failures relating to it. (Even the High Court is constrained here; the Law Society of Ireland is a corporate body, but a very unusual one; it is not subject to the provisions of the Companies Acts. Most of the jurisdiction of the High Court over corporate bodies is derived from those Acts).
Sean Quinn’s losses
We now know that the losses in Quinn Insurance Limited were on the UK insurance business and that much of those losses were on professional indemnity policies for UK solicitors.
Truth?
Domestically, what is in issue is this: on what possible moral basis does the Oireachtas claim the right to restrict the public expression of opinion?
Finders, keepers?
t has this neat citation: “A finder of property acquires no rights in mislaid property, is entitled to possession of lost property against everyone except the true owner, and is entitled to keep abandoned property”.
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 […]
For Whom the Bell Tolls?
Once again, the remedy for such social ills is to hand; introduce forms of proceedings in court called Multi-Party Actions.