Trying to find an old High Court case...

HellFireClub · 10-10-2012 07:06PM #1

Hi folks,

I'm wondering is it possible to find a written decision on a case that happened back in 1937? The reference is Sinclair v Gogarty [1937] IR 377.

Is there anywhere that I can go to find a decision on this particular case, either online or offline?

Many thanks in advance,

HFC.

EDIT: Apologies, that case reference could be a High Court or a Supreme Court reference as the case was appealed to the SC, but it's the original judgement I'm looking for a copy of, and sure the SC appeal if it is available...

Ken. · 10-10-2012 07:21PM

Don't know if this helps but here you go.

http://books.google.ie/books?id=sjDjBvgofuoC&pg=PA197&lpg=PA197&dq=Sinclair+v+Gogarty+[1937]+IR+377.&source=bl&ots=k7NyFLnVjz&sig=anAvs6t_lR8N8u_WaoMMr2JQlfM&hl=en&sa=X&ei=S7x1UL66Bs2IhQeLn4CoCA&ved=0CC0Q6AEwAA#v=onepage&q=Sinclair%20v%20Gogarty%20[1937]%20IR%20377.&f=false

Milk & Honey · 10-10-2012 07:29PM

Snip

10-10-2012 08:08PM

Given the headnote and footnotes are still there isn't reproducing that judgement as an obvious cut and paste from Lexis an infringement of the Irish Reports' copyright?

HellFireClub · 10-10-2012 08:15PM

Deleted User wrote: »

Given the headnote and footnotes are still there isn't reproducing that judgement as an obvious cut and paste from Lexis an infringement of the Irish Reports' copyright?

I'd have thought that of all things, court judgements would be publically available info?

Ken. · 10-10-2012 08:21PM

Well i just gave a link as i was afraid of breeching someone's copyright as my link is to a book that contains the info. Didn't want to get boards(or myself) in trouble with the new shatter laws.

10-10-2012 08:30PM

HellFireClub wrote: »

Deleted User wrote: »

Given the headnote and footnotes are still there isn't reproducing that judgement as an obvious cut and paste from Lexis an infringement of the Irish Reports' copyright?

I'd have thought that of all things, court judgements would be publically available info?

It's not the judgment it's the IP in the headnote

Tom Young · 10-10-2012 08:54PM

Deleted User wrote: »

Given the headnote and footnotes are still there isn't reproducing that judgement as an obvious cut and paste from Lexis an infringement of the Irish Reports' copyright?

It was from justis. It's snipped. Thx.

phelixoflaherty · 10-10-2012 08:58PM

Samuel Beckett was called as a witness. Was related to the Sinclairs

nuac · 10-10-2012 09:05PM

Sinclair v Gogarty

famous case

Thanks for that M & H

Knew Noll Gogarty SC, Dr Gogarty's son who was a Junior in that case.

Noll Gogarty was one of the few counsel I knew who was not intimidated by the late George Murnaghan.

In a case I had with him in the sixties Judge Murnaghan demanded production of a particular report. Murnaghan was a most difficult judge and intimidated most lawyers. I was going out to the Law Soc library ( then in the Four courts ) to get it. Noll stopped me. When Murnaghan again asked for the report Noll replied

"with respect, ( by which counsel always mean the opposite ) if your Lordship cannot find that report, how do you expect my client, who is an unemployed electrician in

to have it."

No reply, except that after lunch Judge announced that he now had the report

HellFireClub · 11-10-2012 01:14PM

phelixoflaherty wrote: »

Samuel Beckett was called as a witness. Was related to the Sinclairs

The plaintiff was an ancestor of mine and has showed up in the family tree, hence the query...

Trying to find an old High Court case...

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