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Author Archives: Edward McGarr

The Irish ePassport

Biometrics is the statistical analysis of biological data. A passport, therefore, cannot be a biometric passport, unless the meaning of biometrics has changed. A passport could be biometric if the purpose is the accumulation of statistics, not of one person or passport, but of many passports. Passports, historically, were provided to travelers to ease their journey in foreign countries. A State document, requesting that the authorities abroad should help the traveler accorded with the fact that only States existed in […]


The Corrib Gas case (9th November 2006)

THE HIGH COURT Record No: 840P/2005 BETWEEN: SHELL E & P IRELAND LIMITED Plaintiff And PHILIP MCGRATH, JAMES PHILBIN, WILLIE CORDUFF, MONICA MULLER, BRID MCGARRY, PETER SWEETMAN Defendants And THE MINISTER FOR COMMUNICATIONS MARINE AND NATURAL RESOURCES, IRELAND AND THE ATTORNEY GENERAL Defendants to the counterclaim of second and fifth defendants Update (9th November 2006) 1. The Plaintiff issued a Motion seeking the leave of the Court to serve a Notice of Discontinuance on the defendants. The return date for […]


12, City Gate

McGarr Solicitors Location The website has a photograph from outer space showing our location in Dublin. (Courtesy of Google). Here is a map of Dublin from a time before 1670. . We are very close to Bridge St., which carries its name in reference to the only bridge (5) over the Liffey at Dublin, (until 1670, when “Bloody Bridge” was built nearby). The fragment of old city wall in modern Cook St., which is immediately downriver of the bridge inland […]


Corrib Gas Case: Shell E&P Ireland Limited seek to discontinue

McGarr Solicitors act in High Court proceedings for Brendan Philbin and Brid McGarry, (the 2nd and 5th Defendants) in the Corrib Gas Pipeline case. Shell E & P Ireland Ltd issued proceedings against, inter alia, our clients seeking a permanent injunction and damages to assert the claim of Shell to be entitled to place a high pressure natural gas pipeline on the clients’ lands in County Mayo. In the course of the proceedings Shell applied to the High court for […]


Infrequently Asked Questions

1. Are Pleadings public documents? Answer: No, in the sense that the public do not have a right of access to Pleadings. 2. Do the parties in the litigation have a right to make Pleadings public? Answer: Yes, subject to the necessity for care. Firstly, Pleadings contain allegations or assertions. Court proceedings are presumed to culminate in the production of evidence by a party to support the allegations contained within the Pleadings. The publication of claims of wrongdoing in a […]


New Laws for Old

Discarding things makes lawyers uncomfortable. There are good reasons to hold onto things, but eventually everything must go; forgetting is a part of memory. But some things should not be forgotten. Consider the Statute Law Revision (Pre-1922) Act 2005. Section 1 states “The statutes of Ireland, England, Great Britain and the United Kingdom of Great Britain and Ireland mentioned in the Schedule to this Act are repealed.â€? What have we thown out? What have we lost? Well, how will we […]


Submission to The Balance in the Criminal Law Review Group

The Balance in the Criminal Law Review Group Submission of Edward McGarr McGarr Solicitors 12 City Gate Lower Bridge St. Dublin 8 Phone: 6351580 That the “Balance in the Criminal Law Review Group” was established following a speech by the Tanaiste and Minister for Justice, Equality and Law Reform undermines its credentials. We already have the Law Reform Commission whose publications do not generally exhibit the realpolitik which is the survival imperative of Government Ministers. Why, then, the need for the […]


What the…!

It isn’t easy to generate readable prose on any subject, even one’s “own” subject. The principal difficulty is the depreciation of intellectual capital. We tend to learn what we know early in life and by the time we look authoritative we know less than we ever knew.