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 […]
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 […]
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 […]
MAKING A WILL
It is important to make a will simply because if you die without a will, the law on intestacy decides what happens to your property and assets. A will can ensure that proper arrangements are made for your dependents and ensures that your assets are distributed in the way you wish. This will be subject […]
DEFAMATION CLAIMS AND THE LIMITATION PERIOD
We have been advising a client on a defamation claim that is facing difficulties on account of the delay of the claimants in bringing the claim to litigation. It is important to be mindful of the new limitation period applied by the Defamation Act 2009 when advising on such cases. The Defamation Act, 2009 applies […]
INJURY CLAIMS AND SOCIAL MEDIA
If you reveal your secrets to the wind, you should not blame the wind for revealing them to the trees. ~Khalil Gibran, Sand and Foam In the age of social media, we all need to be aware of the saying ‘that the spoken word can never be unspoken’ especially as increasingly we play out our […]
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 […]
DOMESTIC VIOLENCE – MEN SUFFER TOO!
While it is often portrayed as such, domestic violence does not always involve a female victim and male abuser. A National Study of Domestic Abuse found that 213,000 Irish women and 88,000 Irish men have been severely abused by a partner at some point in their lives. Yet only 5 per cent of those men […]
What rights do I have under Data Protection legislation?
The Data Protection Acts (1988 and 2003) constitute very useful legislation that we frequently rely on in order to obtain full records on behalf of our clients particularly from private bodies where the Freedom of Information legislation may not apply. It is particularly useful in employment disputes. When personal details of an individual are given […]
THEY SAID I DON’T NEED A SOLICITOR!
All too often clients involved in personal injury claims seek urgent legal assistance in relation to their claims. When I ask why they left it so late to come to a solicitor the answer is all too familiar – “they said I don’t need a solicitor”. Oftentimes clients feel that they are put under pressure […]
EARLY SETTLEMENT OF PERSONAL INJURY CASE BENEFITS EVERYONE
We settled a very substantial personal injury claim last week. Our case was in the very early stages and we had only very recently submitted an application to the Injuries Board on behalf of our client. The Injuries Board had not yet commenced their assessment of the claim and we were a long way off […]