tag:blogger.com,1999:blog-3402181.comments2023-07-22T07:33:09.566+00:00Irish Law UpdatesDarius Whelanhttp://www.blogger.com/profile/13565318651910916090noreply@blogger.comBlogger34125tag:blogger.com,1999:blog-3402181.post-437557045716749392017-08-12T08:56:31.934+00:002017-08-12T08:56:31.934+00:00It is an informative post.It is an informative post<a href="https:www.google.com/" rel="nofollow">.</a>Pete Mainhttps://www.blogger.com/profile/00294426451643125180noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-85465497889794973622015-07-08T17:22:53.644+00:002015-07-08T17:22:53.644+00:00Dear Darius,
Amnesty International's amicus c...Dear Darius, <br />Amnesty International's amicus curiae submissions are now available here<br />https://www.amnesty.org/en/documents/eur29/2060/2014/en/<br />Warm regards, <br />FrancescaAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3402181.post-83347605635993655382015-02-19T22:23:52.838+00:002015-02-19T22:23:52.838+00:00Check out
www.NUIGgender.com
for current situati...Check out<br /> www.NUIGgender.com <br />for current situation in NUI Galway on gender didcrimationThe Pragmatisthttps://www.blogger.com/profile/00130174420696407534noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-75764045394053494792015-02-16T21:45:26.553+00:002015-02-16T21:45:26.553+00:00Hi Darius, you probably spotted that Micheline is ...Hi Darius, you probably spotted that Micheline is speaking at UCC on weds 18th NW Council Room 4pm. Registration via Eventbrite. AFAnonymoushttps://www.blogger.com/profile/07848662019915121335noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-124976888946188382015-02-12T11:04:23.463+00:002015-02-12T11:04:23.463+00:00I suspect part of the problem the criteria the uni...I suspect part of the problem the criteria the university uses do not match what it lists which is unjust. For instance these days the number of supervised students isn't really meritocratic measurement of achievement. Its measure of experience. I would argue the university needs to be more honest in outlining that talent matters not experience.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3402181.post-61481929334857982902011-01-18T05:24:55.466+00:002011-01-18T05:24:55.466+00:00This is nice article and great idea for solve the ...This is nice article and great idea for solve the your medical negligence problem. I think you should take a help form solicitor. They have a good experience and provide a better settlement for your medical negligence cases.sonihttps://www.blogger.com/profile/04233214193165008493noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-3698736815574448492009-12-02T15:57:21.863+00:002009-12-02T15:57:21.863+00:00Perhaps the question should be "Should the o...Perhaps the question should be "Should the old Aiders and Abettors Act" be restored giving lawful legislation to the the indictable criminal offence 'Misprision of Felony' which was quickly gotten rid of following the Kilkenny "Incest" Inquiry. Many Bishops, priests and other professionals would heve been held criminally responsible for not reporting to the gardai many many thousands of alleged cases of child sexual abuse - child abuse for investigation.Unknownhttps://www.blogger.com/profile/08639378891968892978noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-3982535495090118692009-11-07T05:15:04.916+00:002009-11-07T05:15:04.916+00:00nice blog
========================================...nice blog<br />========================================<br />vernon getzler<br /><a href="http://www.resume--s.com/category/cover-letters" rel="dofollow" rel="nofollow">cover letter</a>vernongetzlerhttps://www.blogger.com/profile/02453070271348835772noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-22222886508182382742009-11-07T05:08:14.365+00:002009-11-07T05:08:14.365+00:00hello friend..i can't understand that where to...hello friend..i can't understand that where to comment..<br />========================================<br />vernon getzler<br /><a href="http://www.resume--s.com/category/cover-letters" rel="dofollow" rel="nofollow">cover letter</a>vernongetzlerhttps://www.blogger.com/profile/02453070271348835772noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-49132393571375355442009-05-08T15:28:00.000+00:002009-05-08T15:28:00.000+00:00A comment I hear a lot of is that too many childre...A comment I hear a lot of is that too many children are taken into care. However looking at your list of reasons (e.g. abuse, neglect) it is usually in the best interests of the child.<br /><br />We should be glad we live in a society where children who are treated badly are taken out of that situation and given a better life. <br /><br /><br /><A HREF="http://www.steelandshamash.co.uk/" REL="nofollow"> Family Law London</A>Andrew Marshallhttps://www.blogger.com/profile/03021808360762762242noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-85984138952513289392009-02-16T12:24:00.000+00:002009-02-16T12:24:00.000+00:00This comment has been removed by a blog administrator.Stuarthttps://www.blogger.com/profile/03463779271513340729noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-39929676854726596832008-12-14T23:02:00.000+00:002008-12-14T23:02:00.000+00:00But this is the way the legal system works, especi...But this is the way the legal system works, especially when you are the applicant. You wait for years for your date to come up, and when it comes up you have to be there and follow the rules. Sure, it's an imposition to be there on the day, but that's the same for any case.Antoinhttps://www.blogger.com/profile/00012314996214203712noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-54092643019157573172008-09-05T14:37:00.000+00:002008-09-05T14:37:00.000+00:00Droit de Suite was first introduced in France in t...Droit de Suite was first introduced in France in the 1920s as a social welfare measure to assist working artists. As every Member State of the European Union is entitled to its own social welfare arrangements, this Directive is invalid because it binds all Member States to the Social Welfare structures of another State. Moreover, as an art dealer I refuse to collect Droit de Suite levies because the Directive infringes a number of fundamental rights to which I am entitled as an Irish citizen, and which are enjoyed by traders in other goods throughout Ireland and the European Union. <BR/>The Directive also infringes European Union standards under which Member States trade with each other. For example, under the 7th VAT Directive, an important principle was established whereby traders accounting under the Margin Scheme are allowed to charge VAT on the profit margin only. The Directive on Droit de Suite is an infringement of this standard as the levy is charged on the gross sale price. This breach relates to the question of costs. In very many cases, it is the expense incurred by a dealer which raises the price of a painting above the threshold. These costs relate to framing; printing; marketing; receptions; general overheads, and are often higher than what was paid to the artist for the painting. However, there is no allowance for these costs in the threshold calculations. Effectively, this means that a dealer becomes liable to pay a royalty to an artist as a result of his own expenditure in promoting the artist and is obliged to pay a royalty calculated on the extent of his own outlay. If the dealer is forced to sell at a loss, the royalty is still payable. All of this is in conflict with the basic principles of common law. For this reason Milmo-Penny Fine Art Limited claims the right to sell free of Droit de Suite the work of any artist who has signed a Droit de Suite waiver. This can be in the form of an endorsement on the back of the painting or a simple waiver document. <BR/>As an artist, the introduction of Droit de Suite has severely infringed a number of rights, which I have enjoyed since birth as an Irish citizen. The fact that the resale rights are inalienable means that my fundamental rights to private property have been infringed; I am entitled only to limited copyright on works that I create; my rights to form a contract under my own terms and conditions are fundamentally restricted; and my testamentary rights have been severely curtailed.<BR/>Bunreacht na hÉireann, the Constitution of Ireland, enacted by the people of Ireland on the 1st July, 1937 states:<BR/>ARTICLE 43. 1. 1° The State acknowledges that man, in virtue of his rational being, has the natural right, antecedent to positive law, to the private ownership of external goods.<BR/>ARTICLE 43. 1. 2° The State accordingly guarantees to pass no law attempting to abolish the right of private ownership or the general right to transfer, bequeath, and inherit property. <BR/>Furthermore, Article 17 of the Charter of Fundamental Rights of the European Union states: Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions.<BR/>Droit de Suite is a gross infringement of these rights. Prior to the introduction of Droit de Suite, I enjoyed full control over the copyright of my own paintings and paintings which I had bought. The Directive on Droit de Suite interferes with this right as it gives an outside agency the right to collect levies on my paintings whenever they are sold. As the rights under the Directive are inalienable, this means that I am denied the right to opt out of the scheme. The Irish Government mistakenly believes that the Directive can be side-stepped by allowing artists the option of joining a collection agency or not. Brian McCabe, Intellectual Property Unit of the Department of the Enterprise, Trade and Employment states: “If an author chooses not to pursue that right, then that is a matter for the author.” That of course is as it should be. However, he is overlooking one of the terms of the Directive which states that the rights are inalienable. This means that authors are not allowed to decide whether or not they wish to be paid a royalty. They are denied choice and the right to decide on a fixed and final price for their work. This is entirely unacceptable in a free democracy.<BR/>Every Member State of the European Union is entitled to their own law of contract. However, the rights that I have enjoyed under Irish law prior to the introduction of Droit de Suite have been infringed by Droit de Suite. The Directive does not allow me to form a contract for the sale of a painting which includes free and unhindered copyright. My Testamentary rights have also been infringed. Prior to the introduction of Droit de Suite, I had the right to bequeath my paintings to my heirs or to others free of any encumbrance. <BR/>To guard against this, I retain full copyright to my paintings because this prevents any agency from collecting royalties or levies on their sale without my permission. l make a simple claim to copyright on my invoices, and also on the back of my paintings. I also include a Droit de Suite waiver on the invoice which states: "All rights under Droit de Suite have been waived by the creator of this painting". This does not prevent me from including the reproduction rights of the painting if I wish to do so. I use the same procedure if I am donating a painting free of charge to an institution, a charity, or a private individual. I have also put my local collection agency on notice that they do not have the right to collect royalties or levies on my behalf.<BR/>This obnoxious Directive was forced on the European Union because of lobbying by a group of extremely wealthy French families who are heirs to the fortunes of artists long dead and gone. These families were unable to collect royalties from paintings sold in London and elsewhere. Because paintings offered for sale in France were subject to the levy, many vendors opted to sell overseas. This led to a drain on the French auction houses who also lobbied for the implementation of Droit de Suite.<BR/>A number of greedy Irish artists were only too delighted to promote its introduction here. Their claim was that they did not have the opportunity to collect royalties in the same way as an author could every time his book was reprinted. I fail to see the connection between writing a book and painting a canvas. In any event, the claim is bogus as there is nothing preventing any artist from making printed reproductions of their works and selling these on an ongoing basis or claiming royalties if a publisher reprints their reproductions.<BR/>I call on all artists throughout the European Union to join with me and offer their works for sale free of Droite de Suite. I see no reason why your local gallery or your local auctioneer should not sell your works free of Droit de Suite if you sign a waiver. However, if you are unsure about your position, you should seek local professional advice. If an artist wants to attach resale conditions or any other conditions to the sale or resale of their paintings, they have the right to do so. However, State imposition of inalienable rights is intolerable in a modern democracy.Dominic Pennyhttps://www.blogger.com/profile/17404340742118174835noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-70321239680407134642008-09-04T11:42:00.000+00:002008-09-04T11:42:00.000+00:00This comment has been removed by the author.Dominic Pennyhttps://www.blogger.com/profile/17404340742118174835noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-44339312576711898732008-09-03T15:19:00.000+00:002008-09-03T15:19:00.000+00:00This comment has been removed by the author.Dominic Pennyhttps://www.blogger.com/profile/17404340742118174835noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-79764408902529013202008-08-19T20:07:00.000+00:002008-08-19T20:07:00.000+00:00The query about the car crash has been posted at h...The query about the car crash has been posted at <BR/>https://listserv.heanet.ie/cgi-bin/wa?A1=ind0808&L=irishlaw<BR/><BR/>Watch for possible replies there.Darius Whelanhttps://www.blogger.com/profile/13565318651910916090noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-6316917124985397922008-08-19T19:26:00.000+00:002008-08-19T19:26:00.000+00:00Question? Was in a car crash in 06 I am ok but I w...Question? Was in a car crash in 06 I am ok but I will be recieving compensation. My solicitor is doing work for the past two years on the case but has not given me any idea of the cost of said work. The other side has admitted liability so should I have to pay for my solicitors cost or should it be included in the settlement. He said I will have to pay up to the point where PIAB got involved. Is he taking the mick or not.<BR/><BR/> DaveDamienhttps://www.blogger.com/profile/00645080084832486542noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-46686788104567911022008-04-17T17:44:00.000+00:002008-04-17T17:44:00.000+00:00hi enjoyed the read,if yougo to public inquiry{iri...hi enjoyed the read,if yougo to public inquiry{irish corruption}you could probably give me some suggestions as to how one could keep judge dermot kinlens work alive.the headings to look "whats new"be very afraid"whos watching the watchers"unanswered questions"slan.encourage changehttps://www.blogger.com/profile/15907798538959189643noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-44642989108206555332008-04-08T21:46:00.000+00:002008-04-08T21:46:00.000+00:00The full decision is now available at http://tinyu...The full decision is now available at http://tinyurl.com/5v764bDarius Whelanhttps://www.blogger.com/profile/13565318651910916090noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-13671789983428659572008-03-30T14:26:00.000+00:002008-03-30T14:26:00.000+00:00thanks, helpful summary -- when can we expect the ...thanks, helpful summary -- when can we expect the capacity legislation and guardianship also? .. present W.O.C. system fine for financial assets... but in practice leaves person without any autonomy in all areas which is distressing for that person -- who may be, for example, suffering from a mental disorder and not likely to be in a strong position to advocate for himself/herself....<BR/>mkUnknownhttps://www.blogger.com/profile/13625073190889915930noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-7499695017255374022008-02-17T20:49:00.000+00:002008-02-17T20:49:00.000+00:00Would you know if there's anywhere else I could ac...Would you know if there's anywhere else I could access it?Nancyhttps://www.blogger.com/profile/07482092523575709948noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-30514469385659038932008-02-16T16:40:00.000+00:002008-02-16T16:40:00.000+00:00No, it's not available online yet.No, it's not available online yet.Darius Whelanhttps://www.blogger.com/profile/13565318651910916090noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-1607390470655595452008-02-16T12:42:00.001+00:002008-02-16T12:42:00.001+00:00Hi there,I'm researching an essay on the Lydia Foy...Hi there,<BR/>I'm researching an essay on the Lydia Foy case, do you happen to know if the judgement is available online yet?Nancyhttps://www.blogger.com/profile/07482092523575709948noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-10832078281271699882008-02-16T12:42:00.000+00:002008-02-16T12:42:00.000+00:00Hi there,I'm researching an essay on the Lydia Foy...Hi there,<BR/>I'm researching an essay on the Lydia Foy case, do you happen to know if the judgement is available online yet?Nancyhttps://www.blogger.com/profile/07482092523575709948noreply@blogger.comtag:blogger.com,1999:blog-3402181.post-60003440266193423412007-12-10T09:36:00.000+00:002007-12-10T09:36:00.000+00:00Nice one ! Well done !Nice one ! Well done !Anonymoushttps://www.blogger.com/profile/12073651560854311258noreply@blogger.com