Catalogue Search | MBRL
Search Results Heading
Explore the vast range of titles available.
MBRLSearchResults
-
DisciplineDiscipline
-
Is Peer ReviewedIs Peer Reviewed
-
Item TypeItem Type
-
SubjectSubject
-
YearFrom:-To:
-
More FiltersMore FiltersSourceLanguage
Done
Filters
Reset
45
result(s) for
"Crowley, Derek"
Sort by:
Three-year delay in serving claim is prima facie breach of defendant's right to hearing within reasonable time
2006
The Master stated that failure to meet procedural deadlines set by the Rules of Court necessitated an application to court for leave to proceed notwithstanding the infringement and the decision was at the discretion of the court. Not unsurprisingly, the court often proceeded to examine the causes of the delay, the respective responsibilities of either party's lawyers, even whether the delay was the fault of the party in default rather than the party's legal team. If it was a culpable delay, there was the inevitable \"blame game\". But although the court might seem often tempted to penalise the culpable party by refusing the application, the final decision always appeared to turn on the interests of justice. The court's patience might have been sorely tried but in the interests of justice it appeared to be inexhaustible. Culpable though the applicant's dilatory conduct of the proceedings may have been, unless the respondent could establish difficulties which imperiled a fair trial - which \"put justice to the hazard\" - the court would accede to the applicant's plea for forbearance. It was a truism to say that to halt a plaintiff's case was prima facie unjust. It was also unarguable that a defendant which had a good defence would not lose the case no matter when the trial occurred. Taken together, more injustice would occur if a culpable party was let \"off the hook\". Inexcusable did not mean that the excuse offered was unacceptable or disclosed actionably unprofessional standards: taken literally it meant that no excuse was acceptable. One could readily imagine the sort of delay for which no excuse would be acceptable. However, citing Anglo Irish Beef Processors v Montgomery 3 IR 510, the Master stated that instead of treating \"inexcusable\" as a further simple measure of extraordinary delay, the courts had usually embarked on an examination of the circumstances disclosed - what (or who) was to blame for the delay. The Master stated that in his view the blame game was unedifying and in uncharted territory: it involved examining, amongst other things, duties owed by one party to another, by one lawyer to another, by a lawyer to his client and vice versa and issues such as misrepresentation, estoppel etc. all of which had to be summarily decided. The Master posed the question whether the adoption of a rule of thumb cut-off point was consistent with the oft-expressed principle that the decision on an (inordinate and inexcusable) delay should be determined on the balance of justice? Didn't the balance of justice have to be considered in each case? The Master explained that while each case had its own mix of evidential difficulties which impacted on due process, actual prejudice in that sense was no longer the only factor to be considered by the court. Prejudice in the sense in which the word describes all the pressures, costs and uncertainties associated with being a defendant, was a factor which became unacceptable (per the European Convention on Human Rights) when the case was unreasonably delayed. The Irish courts had acknowledged it at all times since Primor. Now the Convention required the courts to decide cases on the basis of such prejudice even in the absence of actual due process prejudice.
Newspaper Article
Russells too good for Deel
2009
It took the North Cork side till the 19th minute to open their account with an Eoin Dillon pointed free. Henry O'Gorman levelled five minutes later. Russell Rovers tagged on points by the Hartnett brothers to edge 0-4 to 0-2 ahead the the end of normal time. Deel Rovers staged a later rally and they came close to a goal, but Michael Mannion the winner's keeper made a splendid save from Seanie O'Connell with the ball going out for a '45'. Eoin Dillon pointed the '45' and at the break just a point separated the sides 0-4 to 03.
Newspaper Article
BOOKS OF THE TIMES
1986
Although Mr. [Alan Schneider] displayed a catholicity of taste over the years -among his early efforts were stagings of such plays as Thornton Wilder's ''Skin of Our Teeth,'' Robert Anderson's ''All Summer Long'' and Clifford Odets's ''Country Girl'' - he would become best known for his more experimental work, and in one of the few passages of self-assessment in this volume he makes it clear where his affinities lay. ''I am the only American theater director who ever went from the avant-garde to the Old Guard without having passed through the Establishment,'' he writes. ''I have always favored the poetic over the prosaic, siding with instinct over reason, swayed by the power of symbols, images, metaphors, all of the substances lurking behind the closed eyelids of the mind. To me, these are more faithful signs of essential truths than all those glossy photographs that seek to mirror our external world. I've always preferred Chekhov to Ibsen, Tennessee Williams to Arthur Miller, and Dostoyevsky to Tolstoy; but [Samuel Beckett]'s metaphors reach deepest into my subconscious self.'' Having been signed up to direct the first American production of ''Waiting for Godot'' in 1955, Mr. Schneider spends a week looking for the elusive writer in Paris and finally succeeds in trying to get Mr. Beckett to answer his questions about the play. ''According to him,'' Mr. Schneider writes, ''Godot had 'no meaning' and 'no symbolism.' There was no 'general point of view involved,' but it was certainly 'not existentialist.' Nothing in it meant anything other than what it was on the surface. 'It's just about two people who are like that.' That was all he would say.''
Book Review
New York Life Insurance Company
2025
New York Life Insurance Company is one of the nation's largest mutual life insurance companies and one of the largest life insurance companies in the world. New York Life and its subsidiaries provide insurance, investment retirement income, long-term care insurance, and disability insurance that help people at all stages of life achieve financial security, delivered through financial specialists nationwide. New York Life also provides insurance and investment products to the institutional market and operates one of the world's largest global asset managers through New York Life Investments. New York Life has $740 billion assets under management. The company was founded in 1845.
Report
PE HUB Second Opinion
2017
In Second Opinion, Meredith Corp has reportedly contacted Time Inc about a possible merger, IT research firm Gartner is planning on buying CEB in a $2.6 billion deal and following in Macy's footsteps, Sears says it will be shutting down 150 more stores.
Newsletter
PE HUB First Read
2017
First Read starts the week with news that Apple CEO Tim Cook's went home with less pay in 2016 due to the tech giant falling short of its profit goals, the flu is back and hitting New York City hard, and French police arrested 16 people over the Kim Kardashian robbery.
Newsletter