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Refute this!

This is a very risky posting. It’s about words, and how we use them. The subject word is “refuteâ€?. This is a word which politicians and lawyers (or policemen; Sir Ronnie Flanagan being the latest) have use for, but it is its misuse that is the focus of attention. It is sometimes used as a substitute or synonym for “denyâ€? or “contradictâ€?. I contend that this misuse is not accidental. It is chosen because at some level of consciousness the […]

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Sub Judice

The Irish Times reports on 20th January 2007 that the High Court is hearing an appeal from the Circuit Court where the Plaintiff was successful against a provincial newspaper for breach of privacy. Apparently the Plaintiff was photographed while playing gaelic football and his genitals were visible in the photograph, which the newspaper published. The Plaintiff had also pleaded defamation but abandoned that claim in the Circuit court. The appeal is current and final submissions from the newspaper are expected […]

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Digital Rights Ireland

THE HIGH COURT 2006 No. 3785P Between DIGITAL RIGHTS IRELAND LIMITED Plaintiff And THE MINISTER FOR COMMUNICATIONS, MARINE AND NATURAL RESOURCES, THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, THE COMMISSIONER FOR THE GARDA SIOCHANA, IRELAND AND THE ATTORNEY GENERAL Defendants NOTICE OF MOTION TAKE NOTICE that on the 19TH day of FEBRUARY 2007, at the hour of 10.30 a.m. in the forenoon or at the first available opportunity thereafter Counsel on behalf of the Plaintiff herein will apply to […]

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The Children’s Hospital

Crumlin Children’s Hospital has declined to transfer to the proposed site for the new “world classâ€? children’s hospital at the Mater Hospital on the North Circular Road in Dublin 7. The reason for this refusal is that the site is inadequate for the project. If the site is inadequate, there will be deficiencies in the infrastructure for the new hospital. Without proper infrastructure (assuming the staff continue working in such circumstances) the task of delivering proper care to the patients […]

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Magna Carta repealed!

This web site is not intended to be an academic forum (although, if leather armchairs are on offer, it aspires to resemble an academic common room). No apologies are offered therefore for the earlier failure to alert the nation to the repeal by Ireland of Magna Carta (25 Edw. 1 Magna Carta) According to Wikipedia England (Britain) had already repealed it. Nevertheless, why have our barons and churchmen permitted this abrogation of their rights immemorial? It is instructive that this […]

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Management companies in apartment complexes

Management companies in apartment complexes 1. There are good reasons for the existence of management companies in apartment complexes. The need exists for some legal entity to manage and control the “common areasâ€?, those portions of a development that are not part of any apartment. Normally each apartment owner has a share in the management company or is a member. These are usually companies limited by Guarantee. The management company will insure the apartment complex (including the apartments) and will […]

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RSS feeds now working again

After a considerable time spent chin stroking and scratching my head, I discovered what was stopping our RSS feeds from working and have fixed it. It was all my fault, of course. We have a number of interesting articles coming up this week, including one on how to deal with a management company, of an estate or apartment complex, which you don’t feel is doing its job properly.

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The Balance in the Criminal Law Review Group

That the “Balance in the Criminal Law Review Groupâ€? 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 Group? The title of the Group implies there is an imbalance between the rights of suspects and the rights of society. It is […]

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Defamation on the web: An Irish perspective, in brief

Is defamation on the Web special? No; except in the sense that there is no statutory provision applicable to publications on the Web similar to, for example, Section 24 of the Defamation Act 1961 conferring a qualified privilege on newspapers and broadcasting media disseminating fair and accurate reports of the matters set out in the 2nd Schedule to the Act. Where does the Irish law of defamation come from? Irish law of defamation comes from the common law, from the […]

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The Medical Defence Union: “MDU”

Once again, McGarr solicitors have been criticised for a posting relating to Medical Defence Union (“MDUâ€?). Again, the critic is the Dublin solicitor to MDU. The criticism now carries far less force than the first criticism, consisting as it does of assertion and a refusal to engage with questions we raised in correspondence after the first attack. The solicitor instead confirms he is writing to our ISP. He has done this despite the fact that we took down the first […]

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