Music & the Law Legal Illegal & Divorce!!
Filed under: Accidents, Drink Driving, Injury Law, Road Accidents, Uncategorized
Following our recent newsletter I was told of a great song performed by Francis Black called ‘Legal Illegal’ Legal written by Ewan McColl
See what you think
Every time you pick up a newspaper,
Every time you switch on the T.V.,
You can bet your old boots that at some point you’ll see,
A high ranking Garda or else a T.P.
Calling on all who are meant to be free,
To stand up and defend law and order.
It’s illegal to rip off a payroll,
It’s illegal to hold up a train,
But it’s legal to rip off a million or two,
That comes from the labour that other folk do,
To plunder the many on behalf of the few,
Is a thing that is perfectly legal.
It’s illegal to kill off your landlord
Or to trespass upon his estate
But to charge a high rent for a slum is O.K.
To condemn two adults and three children to stay
In a hovel that’s rotten with damp and decay
It’s a thing that is perfectly legal.
If your job turns you into a zombie
Then it’s legal to feel some despair
But don’t get aggressive and don’t get too smart
For Christ’s sake don’t upset the old applecart
Remember you boss has your interest at heart
And it grieves him to see you unhappy.
If you fashion a bomb in your kitchen,
You’re guilty of breaking the law,
But a bloody great nuclear plant is O.K.,
And plutonium processing hastens the day,
This tight little isle will be blasted away,
Nonetheless it is perfectly legal.
It’s illegal if you are a traveller,
To camp by the side of the road,
But it’s proper and right for the rich and the great,
To live in a mansion or own an estate,
That was got from the people by pillage and rape,
That is what they call a tradition.
It’s illegal to kill off your missus,
Or put poison in your old man’s tea,
But poison the river’s the seas or the skies,
And poison the minds of a nation with lies,
It’s all in the interest of free enterprise,
Nonetheless it’s perfectly legal.
Well it’s legal to sing on the telly,
But make bloody sure that you don’t,
To sing about racists and fascists and creeps,
And those in high places who live off the weak,
And hose who are selling us right up the creek,
The twisters, the takers, the conmen, the fakers,
The whole bloody gang of exploiters.
Check out the song at http://www.youtube.com/watch?v=AkHwkRfsqBQ
Another blogger preferred ‘Divorce’ performed by Dolly Parton
http://www.youtube.com/watch?v=54uYQVaeAcM
Keep sending your favourites & we’ll compile a top ten!
Paul Tracey Solicitors 18/03/2010
Late Application to the Redress Board (Residential Institutions Redress Board)
In bringing a late application for redress there are a number of questions which an applicant should consider in order to meet the requirements of the Board.
If you require further asistance please feel free to contact our offices for further advice.
-When did you first learn of the existence of the Residential Institutions Redress Board?
-Who advised you of the existence of the Residential Institutions Redress Board?
-When did you become aware that you were entitled to file a Late Application with the Residential Institutions Redress Board?
-The Redress Board carried out an extensive advertising campaign between the period December 2002 and December 2005
-The Redress Board held twelve information dates throughout England in 2004 as well as placing advertisements in Sunday Newspapers, Daily Newspapers and publications aimed specifically at the Irish Community in the United Kingdom did you attend any or these or were you aware of them?
-In addition the Redress Board arrange for the distribution of seven and a half thousand leaflets to the Network of Irish Societies.
-The Redress Board also placed advertisements in selected Newspapers in the United Kingdom highlighting each Ministerial Order which added to the Institutions listed in the Schedule of the Residential Institutions Redress Act 2002.
-It also placed advertisements in selected United Kingdom Publications advising Applicants of the closing date for receipt of Applications being the 15th of December 2005, did you read any of these?
-Did you observe any of the advertisements placed by the Redress Board ?
-Have you any involvement with the Irish Community in your country of resident and in particular if you are affiliated to any of the Irish Clubs and/or Societies?
-Have you any extended family currently living in Ireland and if so whether you are in regular and/or ongoing contact with them?
What contact which you have with any extended family living in Ireland between the period of December 2002 to date?
-Have you returned to Ireland on a regular basis and if so how often you may have returned to Ireland between the period December 2002 – 2005?
-Have you made any return since December 2005 to date?
In the event that you did return to Ireland during the period of December 2002 – 2005 how often you returned and the duration of your stay on each return visit?
-Why did you not file a Late Application with the Board on or before the 15th of December 2005 and what exceptional circumstances prevented you from making an Application on or before that date?
-Why you have not filed a Late Application with the Board since December 2005 to date and what if any are the exceptional circumstances which exist in respect of you filing an Application at this time?
These are the issues any late application must address.
Applications must be made on affidavit & for that reason we suggest you consult a solicitor with expertise in this area.
Other factors such as literacy difficulties, illnesses and remoteness of the applicant from Ireland can also be bourne in mind.
Paul Tracey Solicitor is available to assist in applications of this nature
Our office contacts are 00 353 1 8745656 fax 00 353 18745550
e mail law@traceysolicitors.ie
www.irish-survivors.com
pnone messages taken 24 hours
Dated 12/03/2010
Nell McCafferty –Mary Harney and a thing called defamation?
Recent comments on Newstalk have caused an apology to be issued by the station for remarks made by Nell McCafferty concerning Mary Harney the minister for health.
Newspapers report that legal action is being considered for what is called ‘defamation.’ But what exactly is defamation?
Defamation is often defined as to attack the reputation of a person be it either by slander or libel (spoken or written).
For example if you were to go around and maliciously call a person a ‘thief’ when this was untrue, you would be defaming that person.
If you called your friends boss and told him that your friend has been using drugs for the past year and that boss gives your friend a drug test and he passes the test, and you still continued to accuse him of using drugs; you would be defaming him.
So when is defamation not really defaming someone?
If a woman engaged in sexual activity with numerous men in one night and was paid for her activity just once, you called her a prostitute, and she sued you for defamation of character, she would lose her case. Why? Because prostitution is defined as someone who engages in sexual acts for pay. It does not matter if it was once, twice, or thirty times, she still committed prostitution.
If you went around the entire neighborhood saying the man that just moved down the street is a bank robber and he in fact has been charged with bank robbery, whether it was a year ago or thirty years ago, you would not be defaming his character. You are what you are regardless of when, why, where, or how many times the act was committed!
It seems pretty easy to determine if defamation is true or unjust. However, it does get pretty tricky. If someone tries saying you defamed them by calling them an idiot, that is not defamation, it is an opinion. Everyone is entitled to opinions!
Defaming someone is calling someone ‘out of their name’ or damaging the esteem in which they are held in the community.
It is giving someone a reputation around the community or even larger areas that ‘they are someone they are not’. If you say someone is a child molester when they in fact are not, the entire community is going to look down on that person and be extremely nervous around him or not want him around at all.
If you tell someone a certain person has embezzled money before and just hasn’t gotten caught, and it is not the truth, then that person will be looked down upon and may be unable to find employment and may decide to sue for damages
If you are involved in a lawsuit in which the plaintiff is suing you for defamation of character you must be able to prove in full extent that what you said about that person is the truth. As long as you can prove your case and prove that your words were true then nothing can be done and the case would be dismissed. However, if you can not prove that what you said was true then you may be paying for your words!
The law in this area is governed by the Defamation Act 2009 in Ireland. Amongst other changes the Act allows for a defence called the defence of truth, it also allows a defence of fair comment also known as the defence of honest opinion.
It will be interesting to see what evolves over the next few weeks on this issue!
Paul Tracey
14/03/2010
Injuries Board Authorisations- what do I do next?
Filed under: Accidents, Drink Driving, Injury Law, Road Accidents
In recent months we at Paul W Tracey Solicitors have found that we are receiving an increasing amount of queries from clients who have received authorisations from the injuries board for matters relating to accidents at work, road traffic accidents and other personal injury cases and are unsure as to what the next step in the process is.
What does the Authorisation mean?
If you have processed an injuries board application, the injuries board may issue an authorisation in 3 sets of circumstances;
1) The Respondent has declined to have the claim assessed; in these circumstances the respondent named on the injuries board authorisation has declined to permit to allow the injuries board assess your case.
2) The injuries board have reviewed your application and have deemed that due to the nature of your injuries the injuries board will not be able to assess your case within the time frame permitted under law.
3) An assessment may have been made by the injuries board but either you or the Respondent has declined the assessment, this could arise in circumstances where you are of the view that the amount of the assessment is in inadequate or the respondent is of the view that the amount of the assessment is excessive.
What Should I do?
Instructing a solicitor with expertise in this area like ourselves is the first step to secure your position
We can offer advice to you in regard to issuing Court Proceedings.
We always liaise with Senior and junior counsel when assessing such matters and we have over 20 successful years in specialising in personal injury litigation much to our very satisfied client base.
Please be aware that certain time frames exist under Irish law in order to permit you to commence court proceedings, it is therefore important that you contact our office in order to get initial advice in regard to these timeframes in order to avoid your case becoming statute barred under law.
What is the Cost?
Our initial advises are on a no obligation basis.
Contact us at law@traceysolicitors.ie or by phoning 00 1 8475656
Uninsured drivers in Ireland on the rise?
THE NUMBER of uninsured drivers causing road accidents has increased by approximately 10 per cent in 2009 according to the chief executive of the Motor Insurers’ Bureau of Ireland. (MIBI)
One suspects that this significant rise in the number of claims against uninsured drivers being processed by the MIBI is due to the economic downturn.
“It appears that the recession may have had an impact on the number of uninsured drivers on the road. It is a very worrying trend and an extremely serious issue. Driving uninsured is a criminal offence’’ commented a spokesperson for the MIBI
The MIBI is responsible for compensating victims of accidents caused by uninsured and unidentified vehicles. It also compensates victims or untraced motorists who cause accidents or who leave the scene of accidents.
Recent figures show that in 2008 the MIBI settled over 2,000 claims with uninsured drivers who were involved in accidents, most of which involved bodily injury.
Mr. Casey the chief executive of the Bureau estimated that the figure for 2009 will be approximately 10 per cent higher than in 2008.
Although the cost of motor insurance has been declining in recent years this problem has not gone away! “In real terms the cost of motor insurance is the same as 10 years ago. Premiums have been coming down and there is a lot more competition in the market place. Price is simply is not an excuse.”
He also rejected the claim that a lack of concern among drivers about Garda surveillance has led to an increase in the number of motorists driving without insurance. “There has been an increase in the traffic corps in recent years, and there are more and more roadside checks,” he said.
If you have had an accident caused by an uninsured driver or where a driver has left the scene or failed to stop at the scene it is important that you act promptly and comply with the requirements of the MIBI.
We at Paul Tracey Solicitors have extensive experience in this are of injury work and will be happy to assist you with any questions you have on this topic.
Tips if involved in an accident
-Call the Garda at the scene
-Take the names & addresses of any witnesses
-Seek medical assistance promptly if required
-Take prompt legal advice to ensure your rights are protected
Paul Tracey Solicitor 08/03/2010
(Paul Tracey is a lawyer based in Dublin specializing in personal injury litigation in particular road traffic cases where insurance issues arise.)
