Read on Twitter
On every side of a case there is a right, a believed truth, and a position. In many instances the only way to resolve who is actually right in fact or at law, is to litigate the particular issue.
Litigation comes with great burdens. Two such burdens (and there are many more) being cost and the exposure of matters and people in open court that ordinarily may not wish for such outings. Take for example a defamation, injury, or a tragic loss.
Courts too, are not infallible. So, often the most complicated of cases only become resolved at appellate level, and where matters of European Union law arise that are not so obvious or clear, they must be referred to the Court of Justice in Luxembourg.
So here we have cases like Hay v O’Grady and Doyle v Banville to allow a party unpick an effort of fact or law, usually predicated upon a failure to consider evidence or a misapplication of the law.
Lawyers are often asked for opinions. Clients state facts and an opinion on the law is rendered. A client who may not like a particular opinion, may seek opinions from whoever he or she likes and it can often be the case that opinions vary wildly depending on fact and law.
The process of seeking advice is one thing. Taking and or heeding it, is an entirely different matter.
The Irish bar and solicitors bar is chocked full of specialists who regularly advise on areas fully in their comfort zones and areas of expertise.
In the same way as the State might choose to ignore a particular set of advices to advance a political or social agenda, where a balance might occur. There are multiple examples of this.
But one thing is for sure. You can debate who is right, or who is wrong, till the cows come home. Ultimately, it is a matter for the courts to decide.
I find twitter useful for keeping up with debates and new aspects of law and developments. It is also useful for seeing what certain academics and practitioners have to say on issues.
There are two sides to every case. To every story. To every twitter frisson. And that concludes my stream of consciousness for today.
