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Author Archives: Edward McGarr

Constituencies Constitutional Challenge – Correction

THE HIGH COURT RECORD NO. 2819P/2007 Between CATHERINE MURPHY and FINIAN McGRATH Plaintiffs And   THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL Defendants 22nd May 2007 1. On 18th May 2007, (in Distillery Court 1) the High Court (Clarke J.) reserved judgment in the action and designated 7th June 2007 for the delivery of judgment.

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The Environment

It’s time to change the name of the Environmental Protection Agency (EPA). An agency that, as it says itself, permits and licences [polluting] activities should not hold itself out as a protecting body. True, the Office of Environmental Enforcement is part of the EPA, but it ought not to be, for many reasons, not least in the light of what we read in the report of Case C-494/01, (Commission of the European Communities v Ireland) ( a case concerning 12 […]

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Constituencies Constitutional Challenge – Judgment

THE HIGH COURT RECORD NO. 2819P/2007 Between CATHERINE MURPHY and FINIAN McGRATH Plaintiffs And   THE MINISTER FOR THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT, IRELAND AND THE ATTORNEY GENERAL Defendants 21st May 2007 1. On 18th May 2007, (in Distillery Court 1) the High Court (Clarke J.) reserved judgment in the action and designated 2nd June 2007 for the delivery of judgment.

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Personal Injury – Skin Disease

It is generally agreed that skin disease is the commonest occupationally-caused disease.

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The Council of State

Had the Council the good fortune to get the advice of Michel de Montaigne (1533-1592) they might have heard something like the following:

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Medical Negligence – Defence

The Medical Defence Union (“MDUâ€?) is very old. Founded in 1885, it currently defends its members in litigation, usually against claims based in negligence. However, it is not limited to defending only such claims and defends the interests of its members. Very early on in its history this extended to funding the defence of an officer in a libel action. See the earlier posting on the MDU HERE and HERE. Given the narrow range of bodies from which medical practitioners […]

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First, count them

Do we know for certain what government policy is? Is the National Spatial Mananagment Plan really Government policy?

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Medical Negligence – Adversaries

A courtroom trial in Ireland (and other Common Law jurisdictions) is an adversarial process.

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The Campaign (3)

To date the worst excesses of the campaign have been confined to TV studios where candididates have actually been struck by a well-known TV presenter.

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Personal Injury – Hypersensitive Reactions

In Ireland the principal occurrence is known as Farmer’s Lung.

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