Monthly Archives: January 2015

Irish Innocence Project blends law and journalism to tackle injustice

The Irish Innocence Project is based in Griffith College in Dublin. Formerly the Richmond Bridewell Prison, a man named Joseph Pool was convicted of murder, hanged and buried there in an unmarked grave in 1883. It is thought that he was wrongly convicted of the crime. Aside from the historical legacy of its surroundings, the organisers of the Irish Innocence Project are finding other ways to distinguish itself from the wider Innocence Network, comprised of 68 projects worldwide. The organisations provide free legal and investigative services to prove the innocence of people wrongfully convicted of crimes. Most often, law students work in collaboration with lawyers to investigate the cases of prisoners who claim innocence.“I would say students almost all describe their experience working on the Innocence Project as the most important experience...
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Deficiencies in succession law must be addressed

Deficiencies in succession law must be addressed

It is high time that the Oireachtas acted to remedy the deficiencies in the Succession Act 1965 in relation to property which is held under a joint tenancy. Property which is held under a joint tenancy is subject to the rule of survivorship, meaning that the last surviving joint tenant becomes automatically entitled to the property absolutely. It is a “last man standing” rule. However, the rule of succession runs aground where one joint tenant is found to have unlawfully killed, or attempted to kill, another joint tenant. The ensuing difficulties are born from the fact that at common law it is recognised that no person shall take advantage of, or accrue a benefit from, his own wrongdoing. The...
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Call for cycle lane penalties to be enforced

Call for cycle lane penalties to be enforced | Irish Examiner

Just three cycle lane penalties a week were imposed on motorists who parked in cycle lanes last year, Garda figures have revealed.Cyclists.ie — the Irish Cycling Advocacy Network — has described the level of enforcement and detection as “derisory” and as “a scandal”, and has called on Transport Minister Paschal Donoghue to tighten the laws governing cycle lanes. The Garda Press Office said that 144 tickets were issued to motorists across the country in 2014 for cycle lane penalties. Parking in a cycle lane can be interpreted as an offence under two criteria:Either as a failure to comply with prohibitory traffic signs, or the dedicated law that prohibits driving on a cycle track.Both offences carry...
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Court ruling may halt dozens of hip replacement cases

Court ruling may halt dozens of hip implant cases

Dozens of cases being taken against the manufacturers of allegedly defective hip replacements may be struck out following a ruling by the High Court. In what is regarded as a test action with possible implications for a number of Irish cases, Ms Justice Mary Faherty ruled that a claim brought by Ms Randa Murphy against the hip replacement makers required an authorisation from the Personal Assessment Injuries Board (PIAB), now known as injuriesboard.ie, before it could proceed to a court hearing. Ms Murphy has sued DePuy International Ltd (DPI), owned by Johnson & Johnson. Depuy is subject to thousands of cases worldwide, including several hundred here, arising from its 2010 worldwide recall of faulty hip replacement systems that...
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Divorce: the courtroom experience

Divorce: the courtroom experience

It’s 20 years since Ireland voted for divorce. An Irish Times series, Divorced Ireland, explores the effects of that vote on Irish life, then and since. Every day in Phoenix House in Dublin’s Smithfield, couples wishing to divorce collect at 10am in the lobby. Some have legal representatives, others do not. They wait, some well into the afternoon, for their cases to be called in one of the three courtrooms in the building. They are seen by Circuit Court judges; divorce and judicial separation are applied for at Circuit Court level, although occasionally high net worth individuals go directly to the High Court. A couple may be legally divorced once they have lived apart for four years. In Ireland, a husband or wife does...
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Lender must show ‘mortgage to rent’ is only pilot scheme, court rules

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A financial institution must show it is not signed up to a “mortgage to rent” scheme, and is only operating a pilot scheme, if it is to succeed in its claim to repossess a couple’s home, the High Court ruled. The scheme was set up by the Government to help home owners at risk of losing their home whereby a lender sells the house to a housing agency and the borrowers would then become tenants of that agency. Mr Justice Michael White was dealing with a dispute over whether a Dublin couple was entitled to avail of that scheme.

He said a lender, Stepstone Mortgage Funding Ltd, must show that it is only operating a...

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We are at debt risk because Germany hasn’t learnt its lesson

We are at risk because Germany hasn’t learnt its lesson | David McWilliams

Contrary to the popular myth, Hitler was voted into power in Germany because of deflation, not inflation. Hitler was elected in 1932, following three years of deflation – the consequence of restrictive polices after the great crash in 1929. In contrast, inflation – often quoted as being responsible for Hitler’s victory – peaked in Germany in 1923. This was a full decade before the Nazis democratically entered the Reichstag.

The reason the European elite is now panicked about deflation in the Eurozone is because the political implications of deflation are impossible to...

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Is there still value in the Irish commercial property market?

Is there still value in the Irish commercial property market?

Last year saw sustained recovery in the Irish commercial property market with Dublin leading the way. Investors from all corners of the globe have been enthusiastically acquiring discounted assets as the great deleveraging of Ireland accelerates.

With this growing demand, will Dublin remain globally competitive as values surge and yields normalise? People are now beginning to ask if there is still value in Irish real estate.

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Greek crisis could happen by accident

‘Grexit’ could happen by accident - WSJ

 Since the eurozone’s inception, its survival has rested on a paradox. On the one hand, the stability of the single currency hinges on the market’s faith in its irreversibility. It was to restore this faith that European Central Bank President Mario Draghi promised in 2012 to do “whatever it takes” to keep the bloc together. On the other hand, the stability of the eurozone also requires that the possibility of an exit from the euro is real, if only as a way of enforcing discipline among members, particularly those facing financial difficulties.

The current greek crisis in Greece is testing this paradox to the limit. No one wants Greece to leave...

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Ethical Pitfalls for Lawyers to Avoid in Personal Injury Cases

Ethical Pitfalls

Lawyers representing clients in personal injury claims face numerous ethical pitfalls every time they look for, evaluate, accept and handle a new case. Nonetheless, honesty, common sense and a solid understanding of the Rules of Professional Conduct should protect most of us from making mistakes.

Your practice type typically dictates how you find your cases. In my practice, almost all of my cases come from referrals from other lawyers, prior clients and current clients. For other firms, advertising is responsible for the bulk of new business. Common forms of advertising include television, firm websites, social media, radio, billboards and print media. Advertising often provides great exposure to potential clients. The Rules of Professional Conduct, of course, permit advertising via Rule...

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