News & Blog

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Surrogacy

News

Donor assisted human reproduction has become an increasing phenomenon in Irish Society.  Surrogacy be it on a formal or informal basis has become more and more prevalent.  The Law has lagged behind the science in this area.  Accordingly, there is very little regulation.  This leaves persons entering the process in an uncertain situation, it also…

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Family Law – Maintenance

News

Clients often ask how much maintenance should my spouse/partner be paying me.  Each case is different and is often decided on its own facts.  There have been several calls to regularise the position of maintenance to give certainty in terms of the advice that Solicitors/Barristers may give to clients.  A recent case involving a farmer…

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Rights of Way

News

Rights of way are notoriously complicated and can give rise to a lot of litigation in the Irish legal system.  The Law relating to rights of way has been vague and evolved over centuries.  This has made it difficult for Solicitors to advise their clients as to the existed creation and longevity of a right…

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Misuse of Drugs Act

News

The High Court recently declared that the mandatory minimum sentence for serious drug offences is unconstitutional.  The Misuse of Drugs Act stated that a person had to receive at least a 10 year term of imprisonment if they had been previously convicted of having drugs worth more than €13,000.00 in their possession.  The High Court…

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Chief Justice

News

The Supreme Court Judge Donal O’Donnell is set to become the next Chief Justice after the Government approved his nomination on the 28th May.  He will replace Frank Clarke who will step down later this year after reaching retirement age of 70.  Mr. Justice O’Donnell was born in Belfast and called to the Bar of…

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Bringing a claim in the correct venue

News

Bringing a claim in the correct venue A recent Court of Appeals decision shows the importance of bringing a claim in the correct venue.  In a recent case the Plaintiff brought her case in the High Court.  She was awarded €76,000.00 in the High Court, however, that was appealed by the Defendant to the Court…

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Racism – A Legal Framework

Blog

Racism – A Legal Framework Racism has become a serious issue in Ireland in recent years. In fact, the Workplace Relations Commission noted that discrimination on the grounds of race is the most commom complaint it receives. Ireland has various statutory protections prohibiting discrimination in respect of employers/employees relations and the provision of services. The…

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Employment Law

News

A recent decision of the High Court illustrates the importance of proceeding quickly in maintaining any claim in an employment law situation.  In a recent case of Ciaran Carroll v New Ireland Assurance Company trading as Bank of Ireland Life Mr. Carroll instituted proceedings against his former employer challenging the validity of a decision to…

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Personal Injuries Guidelines

News

The Judicial Council recently adopted the Personal Injuries guidelines.  These guidelines will regulate the amount of any awards to be made in respect of Personal Injuries claims. This will cover claims in respect of medical negligence and all claims for Personal Injury.  The guidelines commenced on Saturday 17th April 2021 and Judges will be bound…

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Workplace Relations Commission

News

A recent Supreme Court decision was made regarding constitutionality of the Workplace Relations Commission procedures.  The applicant Mr. Tomas Zalewski claimed that the WRC was unconstitutional in so far it administered justice in the State.  He claimed that the WRC procedures were unfair because they did not allow for public hearings.  The Supreme Court held…

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