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Scott Schedules

When a plaintiff commences litigation, not knowing what items are likely to be in dispute, he or she needs to set out each aspect of the claim carefully in the statement of claim or the indorsement of claim (as appropriate). In the defence, the defenda …

Mark Tottenham BL | February 11, 2020
Scott Schedules

The rule against barristers suing for their fees

In his 18th century Commentaries on the Laws of England (Book 3, Chap 3), William Blackstone wrote comparing ancient Roman orators with modern counsel: “Those indeed practised gratis, for honour merely or at most for the sake of gaining influence: and …

Mark Tottenham BL | February 4, 2020

A Law Report suitable for the Internet Age

Law Ireland has moved to Clarus Press, which has a distinguished record of publishing legal textbooks. Everybody at Decisis and Law Ireland is excited about this change of direction, and it is hoped that this will attract more readers to the work that we do. 

Mark Tottenham BL | January 27, 2020

Early case law available online

Many in the legal profession have benefited from the Free Access to Law Movement without necessarily being aware that there was a Free Access to Law Movement. Like running water, or street lighting, the free availability of statutes and judgments onlin …

Mark Tottenham BL | June 11, 2019

Trial by Social Media

Until the age of social media, most democracies had well-established rules for protecting reputations and determining serious allegations, at both criminal and civil level. Publishers of defamatory comments could be sued for damages. If a serious crimi …

Mark Tottenham BL | May 7, 2019
Trial by Social Media

Four cases on the criminal defences of insanity and diminished responsibility

Clinical Director of CMH entitled to raise concerns about discharge of patient M.C. v. Clinical Director – Central Mental Hospital [2016] IEHC 341 (High Court, Eagar J, 20 June 2016) An accused was found guilty but insane, but was subsequently reclassi …

Mark Tottenham BL | May 3, 2019
Insanity Diminished Responsibiloity cases in Irish Courts

Personal insolvency arrangements

Under the Personal Insolvency Act 2012, new arrangements were introduced to deal with personal insolvency, so that debtors and creditors did not need to resort to bankruptcy. Under the guidance of a personal insolvency practitioner (PIP), a debtor may …

Mark Tottenham BL | May 2, 2019
Personal Insolvency Arrangements

Assessment of damages arising from failure to register title documents

Rosbeg Partners v. LK Shields Solicitors [2018] IESC 23 (Supreme Court, O’Donnell J, 18 April 2018) Property had been purchased in 1994. The purchasers’ solicitors had undertaken to register title documents in the Land Registry, but failed to do so. Th …

Mark Tottenham BL | April 29, 2019
Failure to Register Title