Author Archives: Edward McGarr
Personal Injury – Construction
Construction For Employers’ duties see HERE According to a report in 1990 from an advisory group of employers, trade unions, the National Industrial Safety Organisation and the Health and Safety Authority Inspectorate, the main causes of building accidents, are cost-cutting, lack of control over sub-contractors and time-saving measures. The study showed, in the case of the sample of incidents reviewed, that 20% involved falls; 20% involved ladders or scaffolds; 11% involved contact with power lines; 9% involved collapse of trenches. […]
Gender Inequality is politics?
See HERE for the background. To check out the members of the Broadcasting Commission of Ireland see HERE
Legal Costs & Legal Services
What are the problems in the delivery of justice? Is the system the victim of widespread fraud? Or is the problem one of inadequate delivery of legal services by the system, to Plaintiffs? âSystemâ? includes lawyers, legislators and courts. Winterthur, the giant german insurance group has challenged some UK lawyers on their alleged inadequate handling of Plaintiff actions for personal injury. 90% of the claims were failing, causing loss to Winterthur as the legal costs insurer. Wintherthur has issued proceedings […]
Personal Injury – Skin Disease
Accidents at Work – Skin Disease For Employer’s Duties see HERE It is generally agreed that skin disease is the commonest occupationally-caused disease. According to the United Kingdom Health and Safety Executive it accounted for 59% of all reported occupational disease in 1978-79. This reflects the Irish experience in proportional terms, although the total Irish figures are deceptively low. Although the skin is a remarkable and complex organ, the stresses applied to it in some workplaces are extreme and it […]
The Right to Silence (again)
Re-visiting the Koko the gorilla issue again (actually it is a Judge/Jury issue), see HERE
Personal Injury- Time is running
The time within which proceedings for compensation for personal injury must be issued, at risk of being barred under the Statute of Limitations 1957 (as amended), was shortened to two years by the Civil Liability and Courts Act 2004. This provision came into effect on 31st March 2005. Thus, prima facie, such actions must be issued before 31st March 2007 (or lodged and registered with the Personal Injuries Assessment Board), failing which they may be dismissed without a hearing on […]
A small pee
Trocaire has expressed dismay and surprise at the ban, by the Broadcasting Commission of Ireland, on its Lenten campaign advertisement, promoting gender equality. See the Irish Examiner HERE for a report of the Trocaire reaction and HERE for Trocaireâs website response. See Eoin OâDellâs analysis HERE of the background, reciting the legal basis on which the Commission might rely. Arguably, the Commissionâs reading of Section 10(3) of the Radio Television Act 1988 stating âno advertisement shall be broadcast which is […]
Fatta la Legge, Trovato L’inganno
The Minister for Justice, Equality and Law Reform (the Tanaiste), has declared his intention to introduce a new system for establishing legal fees. It is early to say, but this seems to be directed at legal fees in litigation. His plan is based on the Report of the Legal Costs Implementation Advisory Group. Civil litigation is an adversarial process. It is not a search for scientific truth. In short, it is emphatically not an inquiry. The Minister has recently expressed […]
Personal Injury – Hearing Loss Claims * for Noise
The suppression of noise does not seem to be high on the agenda of modern industrial machinery designers. Unfortunately, worker victims of the noise find it all too easy to suffer easily-perceptible permanent hearing loss as a consequence. That is, irreversible damage can occur without the victim being aware of it. Dangerous noise can be sudden or prolonged. We have all found ourselves temporarily deafened by noise. Human hearing can deal with many such instances, if they are infrequent. Admittedly, […]
The Right to Silence
I received my copy of the Balance in the Criminal Law Review Groupâs Interim Report but did not have an opportunity to read it before now. As I understand it, I received a copy because I made a submission, which is a civilized response, although tempered by the absence of an invitation to make more submissions. Nevertheless, I enjoyed reading the Interim Report. It certainly carries an air of authority and no clearly visible axe to grind, as we might […]