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Medical Accidents

The frequency with which patients are injured in Irish hospitals is very high. The current estimate is of 160,000 per year. Who knows the exact figure? Presumably, the Health Service Executive does. If it does, why is that information not made public? If it does not know, why does it not know? Let us assume that the HSE is a competent body and infused with goodwill towards the patients. Would it not be a good idea to try to eliminate […]


Ryanair’s Retreat

By this means they would off-set the advantage of size that Ryanair has over any single consumer, a circumstance perpetuated in Ireland by the sullen laziness of successive Irish Governments.


Digital Rights Update: Judgment Reserved

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 UPDATE (21/4/2010) 1. Digital Rights Ireland Ltd. has taken a case against the Irish Government as seen HERE. 2. McGarr Solicitors act for Digital Rights Ireland Ltd. 3. DRI brought an application to the High Court to seek a […]


NAMA’S Rates Bill

Is NAMA “the State”?

What does “occupied” mean?

A lot of money hangs on those questions.



However, an auditor is obliged to take account of the possibility of fraud. Just because a valuation is on a file from an “independent” agent the auditor is not relieved of his/her obligation to consider whether the accounts show a true and fair view of the fiinances of the entity being audited. The fraud may be in the valuations.


Quinn Insurance

Here are some issues not addressed so far (in the papers I read). (A) Quinn Insurance has a board of Directors. Sean Quinn is not on that board. The board has said nothing about the seizure of the company by the Provisional Administrators. Sean Quinn never stops talking about it and issuing press releases and public statements, including TV interviews. Is he in fact in charge of Quinn Insurance? This is possible. Under Section 27 of the Companies Act 1990:- […]


Professional Negligence

Many professionals (doctors, solicitors, dentists, architects, surveyors etc.) provide services to “consumers”.
Section 2 (1) of the Consumer Protection Act 2007 defines a consumer:


Stolen goods

In the world of commerce, possession alone is insufficient to transact business; title or ownership is indispensable.


OK, Boss. Boss?

Sometimes it is difficult for lawyers to recognize who is the boss.


You Know What I Mean…

Readers will have seen reference HERE to a plea in a medical negligence case as to the meaning of a “consent” signed by the patient (who was having an operation to make her sterile). In Fitzpatrick v National Maternity Hospital [2008] IEHC 62 the Defendant claimed that the mother (in labour) declined an episiotomy or a forceps-assisted birth (leading to the damage to the infant). The court rejected this plea, and rejected the evidence of the Defendant, intended to evidence […]