Author Archives: Edward McGarr
Book of Quantum
The Supreme Court decided the award of €90,000 by the High Court for the injury was too low. It increased the award to €120,000.
Disclaimer!
Of course, what Eoin O’Dell is too courteous to point out is that it is not an attractive human feature to try to avoid paying, or properly paying, for a service, but that is a vain complaint in the knowledge that some people contract, through the internet, with anonymous suppliers of drugs…
Strict Liability?
Many claims against employers can and will fail when the claim is made as one of negligence by the employer. However, because of the multitude of duties imposed on employers by statute, it is common for the employer to be found liable to the employee for an injury even where the employer has not been “at fault” (meaning, here, “negligent”).
Legal Advice
1. It was (arguably) beyond the remit of the High Court inspector to make exhaustive comment on the giving of legal advice to Mr. Jim Flavin (“Flavin”) on the legality of the sale by Flavin of Fyffes’ shares. 2. However, the advice was wrong, the inspector says. (He could hardly say anything else, given that the Supreme Court effectively said the same thing). 3. Consequently, the question as to whether the solicitor who gave that advice was negligent could arise. […]
The Viewing
From an evidential point of view this is equivalent to looking at the murder weapon in a criminal trial, or looking at a large machine which cannot be brought to court with convenience.
Bad Language again
The reason is, he does not know the meaning of the word “refute”.
Conveyancing CPD
Solicitors acting for land/building purchasers deliver “Requisitions on Title” to the vendors. The requisitions are direct questions addressing a range of issues of possible concern. Now that there is little or no conveyancing to be done it would be best to look at the process now and again to keep it fresh in the mind of the profession.
Appearances
Here in Ireland, if there were to be a reprise of that struggle we can not be sure that the courts’ response might not be equally inadequate.
Advisors
The inspector found that, Mr. Jim Flavin, having received legal advice, broke the law as to insider dealing, but, in the light of the advice, did so inadvertently.
Mode of Business
NAMA is a scandal. It is a scheme to transfer taxpayers’ money to private institutions without a rational justification.