Microsoft -v- USA is an important ongoing case, currently listed for hearing in 2015 before the US Federal Court of Appeal of the 2nd Circuit. You can read about why this case is significant for Microsoft on their official blog. However, as the case centres around the means by which NY law enforcement are seeking to access data of an email account which resides in Dublin, it is also crucially significant to Ireland and the rest of the EU. For […]
Currently, in the Science Gallery of Trinity College at The Naughton Institute, Pearse St. Dublin 2, two items of interest are to be seen; an invention to assist child birth using gravity (no woman was consulted in the design of this machine) and the application for the patent on the invention. One is a machine and the other is an illustrated description of the machine. The words are more important than the illustrations. They were written by a US patent […]
Legal practitioners have a solution to that; plead every conceivable item of loss and, later, waive those that do not apply. Section 10 prevents this; it requires that “full” particulars be pleaded. This implies that the plaintiff cannot issue proceedings until all these losses are accrued and known, or, as mentioned, that items not pleaded cannot later be claimed.
Construction may be everything; if the object of criticism thinks the criticism may lower him/her in the estimation of right-thinking members of the community he/she may sue for defamation.
The title to this post is a misnomer; it implies that there is one single location where the law on limitations of action is stated. This is not the case, but it is the colloquial method of referring to the issue. The issue is this; at what point and in what circumstances will an alleged injured person (injured in body, property or reputation) be prevented from maintaining legal proceedings, for redress, due to delay in bringing the proceedings? All common […]
Once again, the remedy for such social ills is to hand; introduce forms of proceedings in court called Multi-Party Actions.
The court has decided (judgment delivered on 4th March 2010) that the 2nd and 5th defendants are NOT precluded from raising “public law issues”.
Furthermore, if the defendant insurer is claiming that the claim falls into an exception specified in the contract of insurance, it is for the insurer defendant to prove that fact and not for the plaintiff insured to disprove it.
Accidents from errors in manual handling are the commonest source of injury in Irish workplaces.