Author Archives: Edward McGarr
Abolishing the Seanad
There are many things wrong with Irish political and judicial institutions. We at McGarr Solicitors do not think that those serious defects should be ignored or that the electorate should be distracted from them by the campaign to abolish the Seanad. Our administration structures are in the form they now take because the Irish Constitution says so. For a number of reasons, those structures are not properly functioning. What is wrong with Irish political and judicial institutions? The Executive (Ministers […]
The Law of Perfidy
Lawyers know that it is improper to use any means to win in the struggle that is litigation. Lay people may also understand that, at least intuitively. Given that even war is to be conducted within limits we should be glad that this is so. The laws of war are being continuously developed through treaties and, hopefully, through development of the customary laws of war. Customary laws are binding on all nations and states, regardless of express agreement by treaty, […]
Mad, bad and dangerous to know
On 21st June 1943, the Gestapo raided the house of Dr. Frédéric Dugoujon in Lyon. There they found nine leaders of the French Resistance, including Dr. Dugoujon, Jean Moulin, Raymond Aubrac and René Hardy. Only René Hardy escaped, there and then. Jean Moulin, returned from Britain, had been charged by General De Gaulle with uniting the various factions within the Resistance. He was tortured extensively by Klaus Barbie in Lyon and died in a railway station in Metz on his way to Germany. […]
The PIAB Injuries Board pitfalls
The Personal Injuries Assessment Board was established and is operated on a flawed proposition; that it deals with matters of such simplicity that injured persons seeking an assessment have no need of legal advice or assistance in doing so. The proposition is flawed as a matter of commonsense. Before the introduction of the Injuries Board system (then known as the Personal Injuries Assessment Board or PIAB) almost every claimant for compensation for personal injury sought the assistance and advice of […]
The Abolition of the Seanad referendum
We have declared our opposition to the abolition of the Seanad HERE. Our opposition springs from the democratic deficit that is the Dail. If Dail Eireann functioned properly there would be no need to worry about the removal of the second house. Dail Eireann does not function properly and there is reason to worry. The Government intends to have a short campaign. A short campaign will hinder effective opposition to the Seanad’s abolition. Campaigns are opportunities to educate the electorate […]
My favourite case
Recently, the Irish Times featured an opportunity for some lawyers to name their “favourite case”. Some choices were reasonable, some were laughable. A major problem in making a decision like this is the fact that court decisions seldom give the lead to society. The lead is established long before the issue reaches the courts. This means that any particular judgment is going to reflect what has already been decided elsewhere and previously. This is not to say that court decisions […]
A Three-way closing
Solicitors (those where we live and practice, at least) know what a three-way closing is. It is from the field of conveyancing. Conveyancing is the process wherein solicitors prepare documents for the sale, purchase and mortgaging of land and buildings. It is of such public importance that, in Ireland, only a solicitor (and occasionally a barrister) may do the work. The restriction is justifiable; the cost of a house or other such property is so great and of such importance […]
Trashing the Constitution
We are lawyers. Because we are lawyers we know that the Irish Constitution is of importance to our clients. The Constitution is not perfect but it is of immense value and, for example, can allow of the possibility of suing the State for wrongdoing. The current Government proposal to abolish the Seanad poses a threat to our clients. The threat comes from the destructive effect of the proposal on the Constitution. If the Seanad is abolished, very far-reaching changes to […]
The Injuries Board gives no awards
Here at McGarr Solicitors we do not make “awards” of damages for personal injury claims. We do not have that power. We do not claim to have that power.
However, neither does the Injuries Board have that power, even though they tell the unsophisticated members of the press that they do have that power.
The Harley Medical Group (Ireland) Ltd. – judgment due
The High Court will give its judgment tomorrow on the petition of The Harley Medical Group (Ireland) Ltd. to be compulsorily wound up in Ireland.