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Practice & Procedure

Liquidated Damages

The council applied for an injunction to effect entry for the replacement contractor. Mowlem, in resisting the application, claimed that the only loss accruing to the council was a loss of time and that was capable of being remedied under the terms of the contract, which fixed liquidated damages for the delay

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Wigs

I have never known of a solicitor to wear such a wig or to have been required to wear one. The same was not true of barristers. The Rules of the Superior Courts did require a barrister to wear such a wig. In other words, the Oireachtas had to intervene to prevent the Rules committee from persisting in that reuirement.

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Managing Ireland

An executive failure (whether in the executive proper or in the administration of the Courts) is all the less forgivable when a good workable proposal is advanced by the Commission and then ignored.

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Corrib Gas update

McGarr Solicitors act for Brendan Philbin and Brid McGarry, the 2nd and 5th Defendants. Their counsel are Lord Dan Brennan QC and Mark Dunne BL. The Chief State Solicitor acts for the Minister, Ireland and the AG. Their Counsel are James Connolly SC and Charles Meenan SC. Eugene F Collins act for SEPIL. Its counsel are Patrick Hanratty SC and Declan McGrath BL.

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Causation in Medical Negligence

In a medical negligence action, in order to fix the Defendant with responsibility, the Plaintiff may have to prove that his illness (his medical condition) was not the cause of his injuries.

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Business is Business

Under the Regulations, the plaintiff client will become liable for fees only if he/she:

a) fails to co-operate with the legal representative;

b) fails to attend any medical or expert examination or court hearing which the legal representative reasonably requests him to attend;

c) fails to give necessary instructions to the legal representative; or

d) withdraws instructions from the legal representative.

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Hold Your Horses!

It frequently happens that a Plaintiff is driven by necessity to apply for injunctive relief to the court before the trial of the Plaintiff’s action.

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A rose by any other name…

When the “Evening Herald�? published a report in December 2004 about a certain criminal case it would have been hard to foresee the actual consequence of the publication.

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A Personal Fighting, Flying, Machine for every Citizen?

Ryanair is not popular. For this writer, it’s enough to remember traveling to Venice and being dropped in Treviso. It was the “arrangementâ€? for the return flight that left everything to be desired.

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In Mussolini’s Garden

One of the most influential ideas in Ireland is the belief that the State is superior to the citizen.

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