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In 2006, Digital Rights Ireland launched a challenge to Europe's Data Retention regime. 

In 2010, that case was referred to the European Court of Justice, the highest court in the EU, to rule on whether the law underpinning Europe's Data Retention policies was compatible with the Charter of Fundemental Rights. 

In July this year the hearing took place and today the Advocate General's opinion was published. 

The ECJ AG has today recommended that the court strike down the entire Directive underpinning Data Retention as being incompatible with the legal principles of the EU.

McGarr Solicitors act for Digital Rights Ireland.

Full details, including the full text of the AG's opinion are available here

http://www.mcgarrsolicitors.ie/2013/12/12/advocate-generals-opinion-recommends-data-retention-directive-struck/
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Ireland votes in a referendum this Autumn on a proposal to amend or remove 75 different Articles of the Constitution at once. The aim is to abolish the Seanad.

Even if Ireland urgently needed less fora for debate and fewer different perspectives in public affairs, such an unprecedented alteration to the country's Constitution is sure to be subject to the law of unintended consequences.

Here we discuss some of the other reasons we don't support this proposal:

http://www.mcgarrsolicitors.ie/2013/08/26/abolishing-the-seanad/
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McGarr Solicitors

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A week ago, we highlighted the new FOI Bill's very curious wording defining what was reasonable in requests for electronic files by reference to what would be reasonable if they were made of paper.

I'm happy to say that, thanks to the Office of the Information Commissioner taking our point seriously, the government has now acknowledged the problem and is looking at how to respond.

http://www.mcgarrsolicitors.ie/2013/08/19/government-gives-welcome-commitment-to-look-again-at-data-hostile-foi-provision/
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Our office represents approximately twenty women who were supplied with faulty PIP breast implants. 

The Harley Medical Group (as advertised) was the No. 1 supplier of PIP breast implants in both Ireland and the UK. 

But, as we have found over two days of hearings in the High Court last week and yesterday, questions of identity, and the location of the Centre of Main Interests, of the company using that business name in ads are not straightforward.

Incidentally, though we are not the only solicitors' firm representing women seeking to claim for PIP implants in Ireland, we were the only such solicitors' firm who attended the two days of hearings.
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Hi there,
Simon here.

Well, that was a busy week. And now I know what Donnybrook looks like at 5 in the morning. Another life achievement to cross off the list. 

If you missed it, we had something of a storm last week after my end of year  post on the efforts by the Irish Newspaper industry to make linking something you needed to ask permission for (and pay hundreds of euro for). 

Lots of things happened in the course of the week. I have experienced similar patterns of events with the Papal Nuncio campaign and the StopSOPAIreland campaign, so some of them I was able to anticipate and prepare for. But every incursion into the public sphere is different and there will always be surprises. 

On reflection, the thing that I most regret discovering was that of all the Newspapers on whose behalf money was being demanded from Women's Aid only the Irish Times seems to care about their reputation as a journalistic enterprise. They engaged with the debate, their online Editor +Hugh Linehan  , Communities Editor +David Cochrane  and Innovation boffin +Johnny Ryan  all went on twitter and took heat for what were clearly frustratingly contradictory positions. 

It probably wasn't much fun for them all. And it couldn't have made things easier that- with impeccable timing- all their opinion columnists chose last week to explain why readers should pay no attention to the Twitternet. Though it was, obviously, quite funny.

But, at the end of the week, my guess was that if any Irish Newspaper will succeed in finding some way to live through the approaching cataclysm  it will be the Irish Times. 

In the broadcast model there is one voice in the centre that tells the mute audience what it thinks. In contrast, a network is a cacophony of voices. When you've been used to being the only sound, it must feel intolerable that everyone else is talking too. But, in the end, a willingness to surrender the broadcast position- whether it is a newspaper's pages or a TV mast- and just join in a conversation is likely to be the main survival skill for media organisations. 

None of my business, of course. But I would be sorry to lose the crossword.
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Have them in circles
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Our most recent blog post sets out the reasons why discussing the laws relating to personal injury in Ireland so frequently results in a discussion of political choices. 

http://www.mcgarrsolicitors.ie/2013/10/25/injury-claims-political-issue/

Some examples:

1. Unlike the UK, we do not make it compulsory that every employer be insured against liability for injuries to employees. That’s a political decision.

2. Unlike the UK, we do not insist that the logic of the privately owned insurance business system be followed to its conclusions, so that the injured employees (or others) are personally in a position to enforce the contract of insurance that was taken out to pay them compensation. That’s a political decision.

3. Unlike the UK, we do not have any effective means whereby a group of persons injured by one wrongdoer may, as a group, litigate the circumstances of their injuries together in one set of proceedings. (If this were allowed they could collectively pay the costs of that single action and reduce the multiplicity of legal costs their individual claims would generate). That’s a political decision.
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McGarr Solicitors

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A week ago, we highlighted the new FOI Bill's very curious wording defining what was reasonable in requests for electronic files by reference to what would be reasonable if they were made of paper.

I'm happy to say that, thanks to the Office of the Information Commissioner taking our point seriously, the government has now acknowledged the problem and is looking at how to respond.

http://www.mcgarrsolicitors.ie/2013/08/19/government-gives-welcome-commitment-to-look-again-at-data-hostile-foi-provision/
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http://www.mcgarrsolicitors.ie/2013/05/02/harley-medical-group-are-you-a-creditor/

Did you, or somebody you know, ever get a letter from Mr. Melvin Braham, Mr. Pierre Guillot or Ms. Louise Braham? We'd like to hear from you if you did. We'd also like to hear on this subject from you if you have a PIP breast implant claim, and you didn't hear from them.

All three were Directors of the Harley Medical Centre Limited which traded here and in the UK as The Harley Medical Group. 

Last September, they became the directors of a new company- Aesthetic and Cosmetic Surgery Limited. The Harley Medical Centre Ltd went into Administration.

The default position, under UK Insolvency Rules, would be that the new company would not be permitted to trade under the old name. If a Director wants to do that they have to follow strict rules. 

One of these rules includes certain forms of notification. Failure to follow those strict rules means the Directors may become personally liable for all the debts of their new company.

As you can see, the new company is trading as the Harley Medical Group. 

http://www.harleymedical.co.uk/
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http://www.rte.ie/radio/radioplayer/rteradiowebpage.html#type=radio&rii=9%3A20157910%3A1589%3A19%2D02%2D2013%3A

Simon on RTE's Late Debate on the Magdalen Laundries to discuss the McAleese Report, the Government's apology and the proposed compensation scheme.
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In May of this year, we wrote to Newspaper Licencing Ireland, who collect money on behalf of UK and Irish newspapers. They had been demanding that Women's Aid buy an annual license to allow them to link to newpaper websites. 

We suggested this was, eh, wrongheaded.  http://www.mcgarrsolicitors.ie/2012/05/10/newspaper-licencing-ireland/ 

They wrote back taking issue with the fact that we had published the letter openly. What they failed to do was to explain their claim that there was a law that Women's Aid should pay an annual license just to allow them to link to newspaper websites.

Here's our second, and I think, final reply.

http://www.mcgarrsolicitors.ie/2012/12/06/newspaper-licensing-ireland-2nd-response-letter-re-demand-for-money-from-womens-aid-for-linking-to-newspaper-websites/
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Have them in circles
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Contact info
Phone
01 635 1580
Email
Fax
+353 1 6351578, 01 6351578
Address
12 City Gate Lower Bridge Street Dublin 8
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Litigation law firm based in Dublin, Ireland
Introduction
Law firm specialising in litigation, both Personal Injury and other sorts.