The media is currently filled with discussion of marriage rights and recognition, not least because of the historic US Supreme Court ruling yesterday on the Defence of Marriage Act in California. Marriage is something that is deeply ingrained in religion and culture and marriage practices vary around the world. In Ireland, the struggle for marital […]
MEN AND FAMILY LAW
The judge had to decide how much maintenance a mother and the father had to pay to look after their 7-year-old son. The mother earns €60,000 a year, the father earns €20,000 a year. The judge accepted that the earnings figures were correct. When all the evidence had concluded, the mother said could she say […]
OVERCHARGING BY SOLICITORS
A client can be in a very difficult position when they decide to leave their solicitor and instruct somebody new. The first solicitor is entitled to insist that his/her fees be paid in full before they release their file to the new solicitor. This can often create difficulties because the client generally will only leave […]
THE IMPORTANCE OF UNDERSTANDING THE ROLE OF A GUARDIAN
Guardianship relates to the duties of a person as to the welfare, care and upbringing of a child. A guardian has a duty to maintain and care for the child and has a right to make decisions in major areas of the child’s life. For example, a guardian can decide where a child can attend […]
THE RIGHT TO BE FORGOTTEN
Mario Gonzales recently brought the Spanish government to the European Court of Justice arguing that data should be removed from Google if it was no longer accurate or relevant or it was excessive or inadequate. In his case, if you searched his name in Spain, an article would appear describing how he had to sell […]
IS THERE A RIGHT TO BE FORGOTTEN?
The Court of Justice of the European Union (CJEU) recently handed down a long awaited judgement in the case of Google Spain C131/12. This case involved a challenge brought by Spanish man, Mario Costeja Gonzalez, against Google Spain and Google Inc (amongst others) and sought to oblige Google to remove links to web pages published […]
CAN YOUR DOG APPLY FOR A BARRING ORDER?
We often read in newspapers about terrible cases where animals have been mistreated. The general outcome is that the person who abused the animal will be fined or in extremely rare cases they might be sent to prison. I am of the view that at some point in the not too distant future, an abused […]
CLAIMING COMPENSATION FROM THE LAW SOCIETY
If a client has a problem with a solicitor and is considering making a claim on the Law Society Compensation Fund, that claim must be received by the Law Society within six months of the loss coming to attention of the claimant.
FAMILY LAW CASES & SECTION 47 REPORTS
I have recently discussed problems that have arisen with section 47 reports in family law cases and I am not sure if it’s coincidence but I have received a number of queries recently in relation to people who are having considerable difficulties with section 47 reports. The main problem appears to be that many clients […]
THE MONICA LEECH CASE: DAMAGES IN DEFAMATION CASES
You will all be familiar with Monica Leech case, which is currently before the Supreme Court. This is the case where an allegation that Monica Leech was having an affair with a government minister resulted in a High Court jury awarding her €1.87 million in damages. That order is currently being appealed to the Supreme […]
EMPLOYMENT TERMINATION PAYMENTS
Employment Termination Payments (EFPs) are lump sum payments made to employees on the termination of their employment contract. Firstly payments made to departing employees essentially fall into 3 different categories; (1) Statutory Redundancy, (2) Ex-gratia Termination Payments, and (3) payments made on foot of a legal obligation, e.g. a payment required via the Employee’s employment […]
STRAIN INJURY: EMPLOYER’S OBLIGATIONS
Repetitive strain injury, or RSI, is an umbrella term used to described work related musculoskeletal (muscles, tendons, ligaments, cartilage, bone) disorder affecting the neck, shoulder, arm, wrist and hand. The most obvious cause of RSI is repetitive movements, which can cause inflammation of the tendons of the hand or forearm. This is more particularly true […]