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Author Archives: Edward McGarr

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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Medical Accidents

The frequency with which patients are injured in Irish hospitals is very high. The current estimate is of 160,000 per year. Who knows the exact figure? Presumably, the Health Service Executive does. If it does, why is that information not made public? If it does not know, why does it not know? Let us assume that the HSE is a competent body and infused with goodwill towards the patients. Would it not be a good idea to try to eliminate […]

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Ryanair’s Retreat

By this means they would off-set the advantage of size that Ryanair has over any single consumer, a circumstance perpetuated in Ireland by the sullen laziness of successive Irish Governments.

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Digital Rights Update: Judgment Reserved

THE HIGH COURT 2006 No. 3785P Between DIGITAL RIGHTS IRELAND LIMITED Plaintiff And THE MINISTER FOR COMMUNICATIONS, MARINE AND NATURAL RESOURCES, THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, THE COMMISSIONER FOR THE GARDA SIOCHANA, IRELAND AND THE ATTORNEY GENERAL Defendants UPDATE (21/4/2010) 1. Digital Rights Ireland Ltd. has taken a case against the Irish Government as seen HERE. 2. McGarr Solicitors act for Digital Rights Ireland Ltd. 3. DRI brought an application to the High Court to seek a […]

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NAMA’S Rates Bill

Is NAMA “the State”?

What does “occupied” mean?

A lot of money hangs on those questions.

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Auditors

However, an auditor is obliged to take account of the possibility of fraud. Just because a valuation is on a file from an “independent” agent the auditor is not relieved of his/her obligation to consider whether the accounts show a true and fair view of the fiinances of the entity being audited. The fraud may be in the valuations.

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The Prosecutor

Under the Prosecution of Offences Act 1974 most criminal prosecutions are in the charge of the Director of Public Prosecutions (“DPP”). Some offences are assigned to other legal persons (e.g. Government Ministers) for processing in prosecution by the statute under which they are created. In fact most criminal prosecutions are brought by members of the Garda Siochana in the name of the DPP. Before the 1974 act the prosecutor was the Attorney General. Consequently, it was, before 1974, a social […]

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Kaczynski Crash

f they had been Irish, probably they would have owned their residence in joint names (in joint tenancy). The effect of this form of ownership is to vest full ownership in the survivor. Significantly, the property never becomes part of the estate of the first partner to die. However, commorientes defeats this process. Which died first?

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Quinn Insurance

Here are some issues not addressed so far (in the papers I read). (A) Quinn Insurance has a board of Directors. Sean Quinn is not on that board. The board has said nothing about the seizure of the company by the Provisional Administrators. Sean Quinn never stops talking about it and issuing press releases and public statements, including TV interviews. Is he in fact in charge of Quinn Insurance? This is possible. Under Section 27 of the Companies Act 1990:- […]

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Saying… No!

Ireland is currently coming to the consideration of profound derelictions of duty of a number of people, including and particularly, leading politicians. The generalized defence coming out is that someone else was responsible. The law has long had to deal with that kind of response. A solicitor, for example, is not entitled to say that he/she is following the advice of Counsel; that advice must be assessed by the solicitor and not be blindly followed. Probably a nurse should not […]

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