Real justice would recognise the inequality of arms in this struggle. The formal equality of litigants is often illusory. Lawyers know this and act accordingly.
Maybe there’s a necessary correlation between shocking bumbling incompetence (as in the case of sometime EU Commissioner Charlie McCreevy) and a prediliction to patronise. Whatever the case, we see it in the EU Commission plan to “give” a class-action procedural right to EU citizens. Mr. Almunia is in charge of this. He says, confusingly, that; “…only state bodies and certified non-profit organisations would be allowed to bring actions, and that any damages awarded would go entirely to victims and not […]
For once our Government, [which, like every other element of the State, is, rest assured, amongst the best in the world], is ahead of the UK government. Unlike the UK there is, here in Ireland, a two tier level of strict liability for damage caused by dog attack.
In January 2010 in Case C-456/08 the European Court of Justice found that Order 84A of the Rules of the Superior Courts was not in accordance with Article 1(1) of Directive 89/665. The Commission had taken proceedings against Ireland over a failure by the National Roads Authority and the terms of Order 84A of the RSC. Ireland lost on both points. The ECJ condemned Order 84A on the grounds it; “..gives rise to uncertainty as to which decision must be […]
If the BP oil disaster in the Gulf of Mexico happened in Irish waters who would be held responsible? The question is intentionally ambiguous. It seems to refer to a functioning “administration” which would search out culprits and assign blame and punishment. It seems also to refer to the principles by which blame and perhaps punishment would be assigned. The first aspect might lead to a rant and should be avoided; it is the second aspect to which I refer, […]
This blog has proposed a remedy for fraud of public funds in the past
DRI’s case is brought in its own name, but it is an action with implications for every citizen of Ireland, whether they know it or not.
1. I have lost my savings in an investment with XXX Building Society. What can I do? It depends on the facts. Deposits in a Building Society or a Bank are protected by the Government guarantee. Even with the collapse of Anglo Irish Bank and Irish Nationwide Building Society, the depositors with those institutions were secured and the deposits are available to be withdrawn. (In reality, all the deposits were lost in those institutions; it is the taxpayer who is […]
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 […]
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.