Comments for cearta.ie

Comment on The Irish Times should appeal the costs order to the ECHR – Part I by Eoin

Eoin — Fri, 17 May 2013 06:48:09 +0000

Here's a comprehensive case on the question of when a losing party can not only resist the general rule that costs follow the event but also seek to have its own costs met: BUPA Ireland Ltd v The Health Insurance Authority [2013] IEHC 177 (30 April 2013) (Cooke J). Summary: it's a very big ask, and it failed in this case. In my view, it should also have failed in Mahon v Keena (above).

Comment on Fighting anonymity with anonymity: open justice and cyberbullying by Eoin

Eoin — Thu, 16 May 2013 13:19:20 +0000

An update from the Irish Independent:

YouTube video falsely accusing student of running out on taxi fare must be removed

ARRANGEMENTS must be made within the next month to permanently remove an internet video clip falsely accusing a student of taxi fare evasion, a High Court judge ruled today.
Mr Justice Micheal Peart made the order in a case brought by Eoin McKeogh (23), a DCU student, against YouTube, Google, Facebook and a number of websites over the video and accompanying material which wrongly identified Mr McKeogh as a man leaving a taxi without paying the fare in Monkstown, Dublin. ...

The Irish Times report adds:

Court orders removal of Dublin taxi YouTube clip

DCU student took case against websites after wrongly identified for fare evasion
Mr Justice Peart previously found that the student was grossly defamed in the video because he was incontrovertibly not the person in it. He gave this ruling when refusing a separate bid by the student to stop newspapers identifying him.
In dealing with his injunction application against the internet companies today, pending full hearing of his action for damages over the matter, ... [and g]iven his clear innocence, it was a surprise to the judge that the defendants did not assist him more in getting the material removed.

Comment on Is compulsory judicial retirement constitutional? or judicious? by Sean in Orlando

Sean in Orlando — Thu, 04 Apr 2013 16:19:56 +0000

This is an area that has led to some inconsistent child custody decisions between older and more “old school” judges. I have noticed that as child custody law moves more and more in the direction of gender neutrality older judges who came up in the tender years era usually give more time-sharing to the mother. Conversely, the newer generation of members of the bench are leaning more and more toward the idea of shared parenting.

Is this a reason to force judges from the bench? I still say no.

Comment on Tax day, excise and Dr Johnson by March, that month of wind and taxes | cearta.ie

March, that month of wind and taxes | cearta.ie — Mon, 25 Mar 2013 06:33:30 +0000

[...] the US, tax returns are due on 15 April, while 30 April is tax day in Canada (in Canada, the anniversary of the controversial Meech Lake [...]

Comment on Justice shall be administered in public by Open justice and civil jurisdiction, in the Courts Bill 2013 | cearta.ie

Wed, 20 Mar 2013 14:01:05 +0000

[...] dealt with in this Bill relates to open justice and the in camera rule. As I have had occasion to point out in previous posts on this blog, Article 34.1 of the Constitution requires that, “save in such [...]