A Transfusion of the Law: Causation & Medical Indemnity
Criminal law assignment results are out and, even though I do not normally post my student work on Cibus Mentis, I really loved the concept of this one – I postponed writing the conclusion for the longest time for the sake of pretending it was not finished. It is inarguably a summary of what this paper could have been (it could have easily been a dissertation or a small book) and I apologise in advance for the summarised style it is written in (we were only given 2,500 words); maybe I will do it properly once the exams are over. I hope you find it interesting.
A transfusion of the law:
EST CAUSA CAUSAE ADHUC CAUSA CAUSATI?
Too Old to Rock’n'Roll, too Young to Make a Will?
Posted by Clare in Family Law, Intelectual Property Law, Probate on April 25, 2013
NOTE: The following article is not intended to constitute legal advice, nor am I in a position to give same. It is nothing but a summary of my observations and is merely an expression of my opinion, in my personal capacity. Specific reference to statutes and case law has been purposely omitted. Should you need help with drafting your will and a layout of your options, please seek professional legal advice.
When we turn 18, the last thing on our minds is where our – usually non-existent – property would go when we leave this vain world. As we grow up, responsibilities multiply and so do we, but that 18 year-old somehow still manages to speak the words in our head: ‘I’ll make a will when I’m old, because that’s what old people do’.
That might have been the case twenty, maybe even ten years ago, but technology has progressed to a point that I am afraid this is not where things stand anymore. Read the rest of this entry »
Kelly v Shatter [2013] SBP 1 : No Time for Heroes
..and that’s the truth. Let’s take sides, by all means; Mr Justice Kelly is right, oh no wait, Mr Shatter is right.. have we lost it completely?
Growing up I was taught that the sole authority on this planet is the judiciary. The government may run this place and they look good on television, but the judges are the ones who will ultimately tell me if I am allowed to breathe or not. If you wanted to scare me when I was small, you did not have to call the Banshee, you just had to pretend you were on the phone with the judge. I spent most of my childhood behind locked doors, eavesdropping the sound of my mother’s Olympus aiming at satisfying the court in the morning; you do not mess with my judge! Read the rest of this entry »
Come together, Right now… Over me
Posted by Clare in EU Law, Family Law, Human Rights on March 10, 2013
I did not want to write about this matter yesterday because I was emotionally charged. Let me tell you that a day has not made a difference.
Yesterday an ex parte application was brought before Hedigan J, aiming at inducing a woman into a cesarean section (Waterford Regional Hospitan v AD).
The thing that distinguishes a slave to a free man is the right of self-determination; the ability for one to make their own choices, for themselves. A slave can be a political slave, a social slave, a sexual slave… no matter what kind of a slave they are, they do not possess the right to exercise their free will – they do not own their body. Read the rest of this entry »
Big Kids say: Cyberbullying not a novelty
Posted by Clare in Criminal Law, Human Rights, IT Law on February 16, 2013
There has been so much commotion over cyberbullying lately, especially after the death of Shane McEntee (God bless his soul). The Oireachtas committee on Transport and Communication is to report to Pat Rabbitte and it is believed by many that legislation can be enacted to effectively combat this ‘new disease’. In my view there is very little the legislator can do to stop cyberbullying, which is not that different to actual bullying but for its broader, public effect – whereas actual bullying is of a more private nature. People need to be informed of how bullying works, that is the greatest ammunition of all.
I belong to the pre-internet generation, I have been a child and a parent as well as a victim of bullying in both childhood and adulthood, therefore I believe that I have formed a – reasonable – opinion overall. Let me start by saying that bullying sees no age, no gender, no culture, it is pretty much blind. It doesn’t source from the victim, but from the bullies themselves; they either have very little to satisfy them (emotionally or physically) or they have some other inclination to pain, usually not their own; or sometimes they are plainly inconsiderate. Whatever the cause for their actions, the target would be in a much better position had they known they are not being bullied out of their own fault – no one tells you that when you are on the weak end, and it is usually too late by the time you find out. Read the rest of this entry »
Constructive Notice: Where to point the finger?
Posted by Clare in Company Law, Equity & Trusts, Separation of Powers on January 19, 2013
Our entire national Economy collapsed and we still don’t get it; banks are at the heart of our wealth. Mere punitive legislation, mergers and recapitalisation will do nothing for our patient; we are applying a plaster on an infected wound.
In Ireland we make law two ways: either judicially or through the Oireachtas (although many, in an attempted support of the express provision of our Constitution in Article 15, namely that only the Oireachtas has the power to legislate, will disagree – therefore I would have to quote God McCarthy in Rooney v Connolly (1987), law made by judges can only be undone by judges). The Oireachtas has failed in healing the wound and, apparently, so has our judiciary. The question to be asked is, where did we go wrong? Read the rest of this entry »
In the madness of Company or in the Company of madness?
Posted by Clare in Company Law, Criminal Law, General on December 22, 2012
Edit: Find additional observations to the original article below – Updated 30/12/2012
Yesterday, just when I got the chance to make a joke as to whether we should consult the stars about any real change in Company law, Pillar B of the Companies Bill 2012 was released, along with an amended Pillar A and an explanatory memorandum. It was unsurprising, as the people involved in this project are known for their punctuality and I was admittedly beginning to feel a bit anxious.
When the soft copy was published last year everybody was very pleased with the new type of company that was made the epicentre, ie the Private Company Limited by Shares (CLS), which is an improved version of the current equivalent. Now that the remaining Parts are out, I am not sure everyone is still feeling the same way. We were promised a simplification, albeit a consolidation, of the law revolving around companies. After giving the Bill a first read – it is more or less 1,500 pages, including the memorandum- this is the picture shaped in my mind: Read the rest of this entry »
