Friday, 25 May 2012 06:31
Mark Zuckerberg - Pre Nuptial agreement?
Last week, one of the world's wealthiest men wed in a low profile wedding in his back garden- but what a back Garden!
He married his longtime college sweetheart in the same week as he launched his company Facebook on the Stock Exchange.
This combination of events has led us to ask the question did he sign an agreement to deal with his assets in the event of his divorce? In California there is a helpful code of Community of property where any property you have going into a mariage remains yours in the event of a split. Where it gets interesting is what happens to property you acquire after the wedding.
This is what the Prenup will address and where Californian lawyers make their money.
In Ireland the status of a Prenup is that it is one of the factors to be taken into account on a divorce.It has always been seen as contrary to public policy to allow people to discuss what will happen on divorce before a couple get married. With the advent of divorce that is no longer such a strong reason to object to them.
In Ireland it is becoming acceptable to enter into an agreement dealing with how you split up especially where people get married late in life and may have crious property built up over the years.
He married his longtime college sweetheart in the same week as he launched his company Facebook on the Stock Exchange.
This combination of events has led us to ask the question did he sign an agreement to deal with his assets in the event of his divorce? In California there is a helpful code of Community of property where any property you have going into a mariage remains yours in the event of a split. Where it gets interesting is what happens to property you acquire after the wedding.
This is what the Prenup will address and where Californian lawyers make their money.
In Ireland the status of a Prenup is that it is one of the factors to be taken into account on a divorce.It has always been seen as contrary to public policy to allow people to discuss what will happen on divorce before a couple get married. With the advent of divorce that is no longer such a strong reason to object to them.
In Ireland it is becoming acceptable to enter into an agreement dealing with how you split up especially where people get married late in life and may have crious property built up over the years.
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Monday, 21 May 2012 19:09
Death of Lockerbie Bomber
Families of victims of the Lockerbie Bombing will have mixed feelings about the death of al Megrahi.
Many people suspected a deal was done to preserve relations with the US when the bomber was released three years ago. To many, none of this matters. Nothing will bring back their children. Revenge has been denied. Justice has not been done. The grief they feel will never end .
How does a Justice system ever succeed in “doing justice”. When do you ever feel all the right people have been put behind bars? It is important to society to achieve that sense of revenge in a controlled and regulated way that is acceptable to the members of society.
In some societies, the death penalty is considered to be acceptable punishment. In others, imprisonment is adequate with community service for lesser offences.
The death of al Megrahi will bring to the surface many unresolved feelings of anger and disappointment with the legal system.
The harsh reality is that it is a legal system and not a justice system.
Lockerbie bomber dies in Tripoli
MARK HENNESSY, London Editor
Mon, May 21, 2012
THE FAMILY of convicted Libyan Lockerbie bomber, Abdelbaset al-Megrahi, who died yesterday, can now seek a second appeal against his conviction, the Scottish government has said.
The Libyan, who passed away at his home in Tripoli, was released on compassionate grounds by the Scottish authorities in August 2009 in the belief he had but a few months to live, but his survival until yesterday caused frequent embarrassment.
In Chicago, British prime minister David Cameron kept to the view al-Megrahi should not have been freed: “Today is a day to remember the 270 people who lost their lives in what was an appalling terrorist act.”
Scottish first minister Alex Salmond also noted the victims, saying Scottish police were continuing to investigate Lockerbie and had never believed the Libyan acted alone.
“His death does, however, put to rest some of the conspiracy theories which have attempted to suggest that his illness was somehow manufactured – today’s news confirms what we have always said about his medical condition,” said the Scottish government.
The Libyan’s survival until now is partly explained by the fact he had received a prostate cancer drug called abiraterone during his time in Greenock prison in Scotland, and later.
The drug was deemed too expensive for National Health Service patients in England and Wales until last week.
Al-Megrahi, a Libyan intelligence officer, had always denied responsibility for downing Pan Am Flight 103, an act which killed 259 people on board and 11 more in Lockerbie village.
He and another Libyan, Al Amin Khalifa Fhimah, were indicted by the Scottish and US courts in November 1991, but then Libyan leader Col Muammar Gadafy refused to extradite them.
Following years of negotiations, the two men were eventually handed over for trial before a three-judge, non-jury court under Scottish law in a former United States airbase in the Netherlands called Camp Zeist.
The trial began in May 2000 and lasted for nearly a year. Mr Fhimah was acquitted of all charges, but al-Megrahi was found guilty and sentenced to a minimum of 27 years in prison.
A review costing £1 million by the Scottish Criminal Cases Review Commission led to it recommending the Libyan should be granted a second appeal because of doubts over forensic evidence and the testimony of a Maltese shopkeeper.
The shopkeeper, Tony Gauci, claimed al-Megrahi had bought clothing in his store which the prosecution said was later packed into the suitcase that exploded on Pan Am 103.
Al-Megrahi abandoned his bid for a second appeal before the Scottish government granted him compassionate release, but the al-Megrahi family are now free to apply to the Scottish Criminal Case Review Commission, it said last night.
Describing al-Megrahi’s death as “a very sad event”, Dr Jim Swire, whose daughter Flora died at Lockerbie, said the Libyan had been determined “right up to the end” to ensure his conviction was overturned.
A campaign group set up by Dr Swire and including former BBC correspondent Kate Adie and former hostage negotiator and hostage Terry Waite has argued for years that the prosecution case against the Libyan “held water like a sieve”.
The charge that the Libyan checked in luggage in Malta that went onto Frankfurt and then Heathrow before “miraculously” finding itself in the right place in the hold of Pan Am 103 is not backed up, the group say. “Evidence supporting the alternative and infinitely more logical ingestion of the bomb directly at Heathrow was either dismissed at the trial or withheld from the court until after the verdict of guilty had been returned,” they add.
Mr Salmond’s handling of the case remains a live political issue for some in Scotland. Scottish Labour leader Johann Lamont said: “Megrahi was convicted by a Scots court, under Scots law, of the greatest act of mass murder in Scottish history. Three years ago the Scottish government chose to release him on the pretext he had just three months to live. That was an insult to the victims,” she said, apologising for his release.
© 2012 The Irish Times
Many people suspected a deal was done to preserve relations with the US when the bomber was released three years ago. To many, none of this matters. Nothing will bring back their children. Revenge has been denied. Justice has not been done. The grief they feel will never end .
How does a Justice system ever succeed in “doing justice”. When do you ever feel all the right people have been put behind bars? It is important to society to achieve that sense of revenge in a controlled and regulated way that is acceptable to the members of society.
In some societies, the death penalty is considered to be acceptable punishment. In others, imprisonment is adequate with community service for lesser offences.
The death of al Megrahi will bring to the surface many unresolved feelings of anger and disappointment with the legal system.
The harsh reality is that it is a legal system and not a justice system.
Lockerbie bomber dies in Tripoli
MARK HENNESSY, London Editor
Mon, May 21, 2012
THE FAMILY of convicted Libyan Lockerbie bomber, Abdelbaset al-Megrahi, who died yesterday, can now seek a second appeal against his conviction, the Scottish government has said.
The Libyan, who passed away at his home in Tripoli, was released on compassionate grounds by the Scottish authorities in August 2009 in the belief he had but a few months to live, but his survival until yesterday caused frequent embarrassment.
In Chicago, British prime minister David Cameron kept to the view al-Megrahi should not have been freed: “Today is a day to remember the 270 people who lost their lives in what was an appalling terrorist act.”
Scottish first minister Alex Salmond also noted the victims, saying Scottish police were continuing to investigate Lockerbie and had never believed the Libyan acted alone.
“His death does, however, put to rest some of the conspiracy theories which have attempted to suggest that his illness was somehow manufactured – today’s news confirms what we have always said about his medical condition,” said the Scottish government.
The Libyan’s survival until now is partly explained by the fact he had received a prostate cancer drug called abiraterone during his time in Greenock prison in Scotland, and later.
The drug was deemed too expensive for National Health Service patients in England and Wales until last week.
Al-Megrahi, a Libyan intelligence officer, had always denied responsibility for downing Pan Am Flight 103, an act which killed 259 people on board and 11 more in Lockerbie village.
He and another Libyan, Al Amin Khalifa Fhimah, were indicted by the Scottish and US courts in November 1991, but then Libyan leader Col Muammar Gadafy refused to extradite them.
Following years of negotiations, the two men were eventually handed over for trial before a three-judge, non-jury court under Scottish law in a former United States airbase in the Netherlands called Camp Zeist.
The trial began in May 2000 and lasted for nearly a year. Mr Fhimah was acquitted of all charges, but al-Megrahi was found guilty and sentenced to a minimum of 27 years in prison.
A review costing £1 million by the Scottish Criminal Cases Review Commission led to it recommending the Libyan should be granted a second appeal because of doubts over forensic evidence and the testimony of a Maltese shopkeeper.
The shopkeeper, Tony Gauci, claimed al-Megrahi had bought clothing in his store which the prosecution said was later packed into the suitcase that exploded on Pan Am 103.
Al-Megrahi abandoned his bid for a second appeal before the Scottish government granted him compassionate release, but the al-Megrahi family are now free to apply to the Scottish Criminal Case Review Commission, it said last night.
Describing al-Megrahi’s death as “a very sad event”, Dr Jim Swire, whose daughter Flora died at Lockerbie, said the Libyan had been determined “right up to the end” to ensure his conviction was overturned.
A campaign group set up by Dr Swire and including former BBC correspondent Kate Adie and former hostage negotiator and hostage Terry Waite has argued for years that the prosecution case against the Libyan “held water like a sieve”.
The charge that the Libyan checked in luggage in Malta that went onto Frankfurt and then Heathrow before “miraculously” finding itself in the right place in the hold of Pan Am 103 is not backed up, the group say. “Evidence supporting the alternative and infinitely more logical ingestion of the bomb directly at Heathrow was either dismissed at the trial or withheld from the court until after the verdict of guilty had been returned,” they add.
Mr Salmond’s handling of the case remains a live political issue for some in Scotland. Scottish Labour leader Johann Lamont said: “Megrahi was convicted by a Scots court, under Scots law, of the greatest act of mass murder in Scottish history. Three years ago the Scottish government chose to release him on the pretext he had just three months to live. That was an insult to the victims,” she said, apologising for his release.
© 2012 The Irish Times
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Wednesday, 09 May 2012 13:20
Mediation Service for Dentist Complaints
A new initiative was announced to day to help patients resolve complaints about dental treatment using a mediator.
This is further recognition of the value of Mediation in many areas of dispute, including Family Law matters, Employment and Contract disputes.
This Article published in the Irish Times set out more details of the free service.
Dental mediation service launched
GENEVIEVE CARBERYWed, May 09, 2012
A free mediation service to help patients resolve complaints about their dental treatment has begun today.
The independent service aims to deal with complaints covering such areas as treatment standards, diagnosis, communications, professional etiquette and fees.
It will offer patients and dentists an opportunity to resolve their differences assisted by a mediator. The first mediator appointed is chairman of the Consumer Association of Ireland Michael Kilcoyne
The Dental Complaints Resolution Service is independent but is funded by the Irish Dental Association. The association estimates that it receives some 300 queries from patients every year.
The scheme will not cover treatments provided by medical card, PRSI or insurance based schemes, nor allegations of criminal activity.
Mr Kilcoyne hoped it would offer Irish patients valuable alternative to existing systems
“Up to now patients have been left with little option but to either proceed through time consuming and expensive complaints mechanisms with the Dental Council or indeed the civil courts”, Mr Kilcoyne said.
The system would also benefit dentists because it can address concerns as they arise and offer “invaluable feedback” he said.
It was more important than ever for the dental association to promote progressive policies “at a time when the State is continuing to slash funding for the medical card and the PRSI schemes,” president of the Irish Dental Association Dr Conor McAlister said.
© 2012 irishtimes.com
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