Author Archives: Edward McGarr
Trouble for Builders
The Duke resembled some of Ireland’s developers;
Professional Negligence
Many professionals (doctors, solicitors, dentists, architects, surveyors etc.) provide services to “consumers”.
Section 2 (1) of the Consumer Protection Act 2007 defines a consumer:
Insurance Claims
See HERE for a post on the possibility of difficulties with insurance companies. Readers might like to know of the provisions of Section 55 (3) (f) of the Consumer Protection Act 2007. It reads: “55.- (3) A trader shall not engage in any of the following commercial practices: … (d) in relation to a consumer’s claim on an insurance policy, doing either or both of the following: (i) requiring the consumer to produce documents irrelevant to the validity of the […]
Stolen goods
In the world of commerce, possession alone is insufficient to transact business; title or ownership is indispensable.
OK, Boss. Boss?
Sometimes it is difficult for lawyers to recognize who is the boss.
Yes, Boss!
Call the judge “Judge” (unless he/she is the Chief Justice (or the President of the High Court)).
WAR! WAR?
Of course, Article 28 (3) is out of date; no State actor in international affairs follows the convention and legal obligation to “declare” war – they just wage it. Nevertheless, as a purely internal Irish affair, to take a hands-off approach to Executive action on such a question, where the Executive can seek the assent of the Dail, but does not, is not in the national interest.
Digital Rights Ireland: Case in HC for Mention
he case was mentioned before Judge McKechnie on 25th March 2010 on which occasion he indicated he would deliver his reserved judgment on 21st April 2010.
You Know What I Mean…
Readers will have seen reference HERE to a plea in a medical negligence case as to the meaning of a “consent” signed by the patient (who was having an operation to make her sterile). In Fitzpatrick v National Maternity Hospital [2008] IEHC 62 the Defendant claimed that the mother (in labour) declined an episiotomy or a forceps-assisted birth (leading to the damage to the infant). The court rejected this plea, and rejected the evidence of the Defendant, intended to evidence […]
Policy? What Policy?
This can cause difficulty for the insured person, but more often than not, it causes profound difficulties for the insurance company.