Although the Government has committed itself to holding a referendum to abolish the Seanad, institutions tend to be resilient and governments who have difficulties tend not to call avoidable referenda. That being the case, what should you do if you really wish one of the NUI Senators didn’t keep being elected? Whether it is Senator Ronan Mullen with his words, Senator Prof. John Crown with his trying to stop people dying of cancer or Senator Fergal Quinn with his […]
During the campaign for the Children’s Rights Referendum every person with any claim to credibility on the issue was in agreement. Children’s lives were going to be made potentially (and, in some cases, actually) better if the country voted Yes. This morning, as the boxes are opened and the tallies are incomplete, it appears that, as a result of the campaign, the support from the electorate for the Yes side dropped from over 70% to about 55-65%. In addition, very […]
In Ireland, and the UK, the judiciary, generally, follow a practice of awarding costs of the action to the victor.
Anglo Irish Bank no longer exists. It is now called Irish Bank Resolution Corporation Ltd. and it will never be “restored” to its “financial position” or any other position.
You will have noticed the black banner across the top of our site this week. You may also have noticed the sudden flurry of media appearances and debates on radio around the issue of Minister of State Sean Sherlock’s plan to introduce a law to allow the music labels (and other copyright holders) to seek injunctions forcing Irish ISPs to block access to sites they don’t like. “I will introduce this imminently, by the end of January.”– Minister Sherlock, Sunday […]
It was also unnecessary. The burden of proof on Anglo Irish Bank was on the balance of probability. Undoubtedly its loan documentation unequivocally showed that Mrs. Quinn signed up to a loan transaction. (We can know this because of what we know about lawyers; her lawyers would have pointed out any deficiencies. From reports, they did not, therefore there were none).
The Minister’s mode of expression is a “first strike” in a blame game where the Minister’s antagonists are weak and disparate and their work is obscure to most citizens.
Consequently, financial claims arising in contract do not all deserve to be heard in summary manner in the High court; some should go to plenary hearing with a full examination of the context in which the agreement was concluded.