Trial by combat, why not. Is the Justice system fair ?

rockofcashel

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Just seen this report in the Sligo News, in which a man was ruled unentitled to settle a legal dispute by invoking his right to trial by combat.

The man, who received a parking fine of 80 euros, offering to settle the disagreement by a fight to the death with the parking warden, using Samurai Swords and knives.. perfectly reasonable if you ask me.

Even if the court didn't wish the warden to fight, the man was willing to fight any champion as nominated by the Circuit Court.

But his right was denied by the judge.

Now, some of you may laugh at the idea of a medieval law being invoked.. and say the judge was correct in throwing the defence out.

But what then do you say to the judge who refused an English firm part fund a legal action against Denis O Brien, under the ancient law of champerty ?

Is this really fair ?

https://www.facebook.com/SligoNews/photos/a.507363492702719.1073741827.507292179376517/514321572006911/?type=3&theater


Judge says English firm cannot fund Denis O
 


artfoley56

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Just seen this report in the Sligo News, in which a man was ruled unentitled to settle a legal dispute by invoking his right to trial by combat.

The man, who received a parking fine of 80 euros, offering to settle the disagreement by a fight to the death with the parking warden, using Samurai Swords and knives.. perfectly reasonable if you ask me.

Even if the court didn't wish the warden to fight, the man was willing to fight any champion as nominated by the Circuit Court.

But his right was denied by the judge.

Now, some of you may laugh at the idea of a medieval law being invoked.. and say the judge was correct in throwing the defence out.

But what then do you say to the judge who refused an English firm part fund a legal action against Denis O Brien, under the ancient law of champerty ?

Is this really fair ?

https://www.facebook.com/SligoNews/photos/a.507363492702719.1073741827.507292179376517/514321572006911/?type=3&theater


Judge says English firm cannot fund Denis O
yerman was rightly told to GTFO, as should obrien have been
 

sic transit

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Just seen this report in the Sligo News, in which a man was ruled unentitled to settle a legal dispute by invoking his right to trial by combat.

The man, who received a parking fine of 80 euros, offering to settle the disagreement by a fight to the death with the parking warden, using Samurai Swords and knives.. perfectly reasonable if you ask me.

Even if the court didn't wish the warden to fight, the man was willing to fight any champion as nominated by the Circuit Court.

But his right was denied by the judge.

Now, some of you may laugh at the idea of a medieval law being invoked.. and say the judge was correct in throwing the defence out.

But what then do you say to the judge who refused an English firm part fund a legal action against Denis O Brien, under the ancient law of champerty ?

Is this really fair ?

https://www.facebook.com/SligoNews/photos/a.507363492702719.1073741827.507292179376517/514321572006911/?type=3&theater


Judge says English firm cannot fund Denis O
Eh yes. Champerty has been upheld and endorsed by the Irish legal system and you wouldn't care about it if the name Denis O'Brien wasn't involved. This is just a loon who won't pay his parking fine.
 

Betson

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If the traffic warden really believed he had made the right decision to give the ticket then he should have been prepared to fight to the death for what he believes in , the case should have been thrown out and ticket rescinded.
 

Fractional Reserve

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Eh yes. Champerty has been upheld and endorsed by the Irish legal system and you wouldn't care about it if the name Denis O'Brien wasn't involved. This is just a loon who won't pay his parking fine.
did ya ever hear of common sense ? even though in today's world that seems to be going out the window
 

runwiththewind

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Eh yes. Champerty has been upheld and endorsed by the Irish legal system and you wouldn't care about it if the name Denis O'Brien wasn't involved. This is just a loon who won't pay his parking fine.
But why uphold one medieval law and not another?
 

eoghanacht

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Eh yes. Champerty has been upheld and endorsed by the Irish legal system and you wouldn't care about it if the name Denis O'Brien wasn't involved. This is just a loon who won't pay his parking fine.
Does an alarm go off in FG HQ when he who cannot be named gets a mention?

always quick to defend poor aul FG and Dinny.
 

firefly123

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Trial by paper rock scissors?
Trial by staring match?
Trial by thumb wrestling?
Hell yeah!
 

eoghanacht

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Buy why one and not the other?
Because Dinny has loads of cash, he throws at FG and really good legal reps who'll scour the law books for any legal loophole/defense that can alleviate poor Dinny's stress of having his good name sullied.

The fact that Dinny profited through FG corruption is reason enough for the bots to go on the attack.
 

runwiththewind

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I can envisage a whole host of people now attempting to invoke medieval law still on the statute books in their defence.

Can Frenchmen still not walk on our pavements?
 

eoghanacht

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I can envisage a whole host of people now attempting to invoke medieval law still on the statute books in their defence.

Can Frenchmen still not walk on our pavements?

they can as long as they don't speak gaelic between the hours of 7am and 7pm
 

runwiththewind

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Because Dinny has loads of cash, he throws at FG and really good legal reps who'll scour the law books for any legal loophole/defense that can alleviate poor Dinny's stress of having his good name sullied.

The fact that Dinny profited through FG corruption is reason enough for the bots to go on the attack.
He's a serious treath to our democracy and free speech. Trying to silence the Dail was/is actually quite scary.
 

sondagefaux

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What's your point OP? That aspects of the medieval justice system shouldn't be used any longer? Or should all be used consistently? If you want that to happen, you're going to have to either call for the common law offence of murder to be scrapped, or campaign to bring back the stocks. Just because a feature of our legal system dates back centuries doesn't make it useless. By the same token, just because a feature of our legal system dates back centuries doesn't make it useful. Within the constraints imposed on ourselves, by ourselves, in our constitution, we get to pick and choose which centuries old features of the legal system suit our current circumstances.
 

eoghanacht

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He's a serious treath to our democracy and free speech. Trying to silence the Dail was/is actually quite scary.
But FG tell us we shouldnt be afraid.

Now, if say a SF member tried a stunt like that......


It's a bit like M Martin wanting a Dail inquiry in to the abuse of Maria Cahill yet remaining noticeably silent about the rape and murder of a small child in which a big party benefactor was incriminated in, from facing justice.
 

sic transit

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Does an alarm go off in FG HQ when he who cannot be named gets a mention?

always quick to defend poor aul FG and Dinny.
No idea what they do and you should ask them. The OP is conflating what appears to be an accepted principle under Irish law and a loon keen to do GBH over a parking ticket. Maybe we should just have a special version of Godwin and call it Dinny's Law! God knows he appears everywhere! :D
 

runwiththewind

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But FG tell us we shouldnt be afraid.

Now, if say a SF member tried a stunt like that......


It's a bit like M Martin wanting a Dail inquiry in to the abuse of Maria Cahill yet remaining noticeably silent about the rape and murder of a small child in which a big party benefactor was incriminated in, from facing justice.
Absolutely and plenty of people see it too. I raised the MC issue and appointment to the Seanad with labour when they knocked on my door. One canvaser admitted that I wasn't the first to raise the issue either.

People quietly remember grave injustices in their own way and MC cost Labour and FG dearly whether they admit it or not.
Expect more challenges like this in our courts.
 

Paddyc

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Champerty and the prohibition on it have been a part of the Irish Common Law legal system and was the subject of a decision by the then High Court (now Court of Appeal) Judge Gerard Hogan in 2014 - Greenclean Waste Management Limited – Leahy practicing as Maurice Leahy & Co. Solicitors.

In that case, Judge Hogan referred to the Supreme Court’s decision in O’Keeffe –v- Scales (1998), and the judgment of Clarke J in Thema International Fund plc –v-HSBC Institutional Trust Services (Ireland) Limited (2011) both of which deal with champerty.

He made it clear that what was contrary to public policy and therefore formed the basis of the torts of champerty and maintenance was the “trafficking in litigation”.

He also noted that it was clear from the O’Keeffe decision that the law in relation to maintenance and champerty must be viewed in light of modern principles and constitutional understanding. These principles include the principle that the Courts should not place any unnecessary obstacles in the path of those with a legitimate claim.

Just because people on here hadn't heard of champerty, doesn't mean that it's not prt of the current law.

Trial by combat, on the other hand was last seen in Ireland in 1583.

As for the idiot referred to in the OP, he's not even original.
Court refuses trial by combat - Telegraph
 

eoghanacht

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No idea what they do and you should ask them. The OP is conflating what appears to be an accepted principle under Irish law and a loon keen to do GBH over a parking ticket. Maybe we should just have a special version of Godwin and call it Dinny's Law! God knows he appears everywhere! :D
have you always made light of corruption of government and ministerial privilege or is it just because FG are in office or are you just another cute hoor fan boy?
 

runwiththewind

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What's your point OP? That aspects of the medieval justice system shouldn't be used any longer? Or should all be used consistently? If you want that to happen, you're going to have to either call for the common law offence of murder to be scrapped, or campaign to bring back the stocks. Just because a feature of our legal system dates back centuries doesn't make it useless. By the same token, just because a feature of our legal system dates back centuries doesn't make it useful. Within the constraints imposed on ourselves, by ourselves, in our constitution, we get to pick and choose which centuries old features of the legal system suit our current circumstances.
Ah but the law ought not be about picking and choosing which bits to accept or not. It ought not be like a la carte Catholism.
 

eoghanacht

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Go back to sleep boys the fanboys, the staus quoer's and the don't rock the boaters are out in force to defend Dinny's right to use his influence in the FG party for his own personal gain.

Dinny is a self made man, not the bogeyman.

Sic transit is right Justice Moriarty is wrong!
 


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