Comments for A Clatter of the Law

Comment on Oaths: at best embarrassing and at worst offensive by Ava

Ava — Sun, 12 May 2013 12:34:54 +0000

So, I’m an atheist, I’m aspiring to be a lawyer, and in court I would be expected to swear and abide by something that holds no sway or importance over me? Frankly, I find it distasteful, quite offensive, and silly considering the progression of modern day society. Do I not have a right to my religion (or lack thereof)? Isn’t it contradicting to my religion to have to swear an oath on a Christian ‘God’? And even if I were willing, how could the court trust my words as the truth?

Comment on Biometric national ID cards for Ireland on the way? by Rossa McMahon

Rossa McMahon — Mon, 22 Apr 2013 11:27:19 +0000

That is very much a personal judgment, I’m afraid! Obviously individual advice should be sought on any particular issue or question, but it may be worth emailing the operators of the website and asking why (and on what statutory basis) a PPS number is required for registration.

Comment on Biometric national ID cards for Ireland on the way? by Julia

Julia — Sat, 20 Apr 2013 17:30:51 +0000

Hi Rossa,
I’m interested in applying for a job advertised on publicjobs.ie but am more than a bit queasy about the level of detail required, and of course the fact that it’s all cross-referenced against the PPS number. What do you think, should I let my interest in the job override my (substantial) reservations?

Comment on Procedural changes to the courts system in the Courts Bill 2013 by Niall Kavanagh

Niall Kavanagh — Wed, 27 Mar 2013 12:49:18 +0000

very interesting questions, I don’t think we should hold our breath for the answers though…

Comment on The Government could help bring down legal costs overnight, but won’t by Procedural changes to the courts system in the Courts Bill 2013 | A Clatter of the Law

Wed, 20 Mar 2013 11:47:00 +0000

[...] the Circuit Court to €100,000 (with no lower personal injury limit specified) (I wrote about it here). The relevant sections of the Courts and Court Officers Act 2002 were never commenced (ie. [...]

Comment on Good news on anonymity in domestic violence cases by Procedural changes to the courts system in the Courts Bill 2013 | A Clatter of the Law

Wed, 20 Mar 2013 11:46:57 +0000

[...] It is somewhat disappointing to see that while the Bill proposes to allow court reporters to attend hearings at which an application for a domestic violence order is made, the Bill does not close off the loophole whereby breach prosecutions can be fully reported. I wrote last October: [...]

Comment on Good news on anonymity in domestic violence cases by John O'Shaughnessy

John O'Shaughnessy — Mon, 04 Feb 2013 22:12:53 +0000

Boom or Bust, it seems that such deserving services are condemned to draw the short straw. No votes in personal suffering?

Comment on Instagate by Rossa McMahon

Rossa McMahon — Wed, 19 Dec 2012 11:28:24 +0000

Absolutely Gerard, and there are issues under the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 too. The arbitration clause is insane in a contract of this type and, I would think, indefensible. The intended use of the photos, as I hinted, is unlikely to pass privacy and advertising regulators, particularly as they suggest that photos could be used in advertising without the author knowing about it and without the audience knowing that it’s an ad.

In general these terms are fraught with difficulty. The recent Instagram blog post about it is highly disingenuous and suggests that the issue is misinterpretation. That’s a PR exercise: they need to go bacck to the drawing board and redraft.

On the other hand, in Irish terms, none of these issues will really be a problem for companies like Instagram unless the regulators take action. This is highly unlikely due to the usual fears of multinationals being upset, etc., and Facebook being a poster child for FDI.

Comment on Instagate by Gerard Sadlier

Gerard Sadlier — Wed, 19 Dec 2012 01:02:06 +0000

More interesting is the extent to which you think such terms would be enforced against a consumer in this country, given the CPA 2007 etc.?

Comment on Beware: pyramid schemes are back in fashion by Rossa McMahon

Rossa McMahon — Thu, 29 Nov 2012 16:27:44 +0000

Rare enough but I know that there have been prosecutions, including failed ones.