News & Blog

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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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Child Maintenance Review Group

News

The Government has recently established the Child Maintenance Review Group to examine a number of issues regarding payment of child maintenance. The Review Group is to consider the interaction between maintenance payments and the Department of Social Protection. The Social Welfare legislation provides that when certain welfare payments are in place, specifically the One-Parent Family…

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Assisted Decision Making Capacity Act 2015

News

The commencement of the Assisted Decision Making Capacity Act 2015, unfortunately, still has not occurred. This failure to commence the legislation is reprehensible as it leaves persons who either have no capacity or limited capacity in a very vulnerable position. For the moment the Enduring Power of Attorney legislation is the only legislation that gives…

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Barring Orders

News

An interesting case was heard in the High Court recently entitled “C v C”. The matter was heard by Mr. Justice Max Barrett. Ms. C obtained a Barring Order against her husband in the District Court. The husband brought an application to the High Court seeking to vary the Barring Order by allowing for the…

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Psychiatric Services

News

It is often said that the psychiatric services are the Cinderella of the Irish health system. Certainly the resources allocated to the psychiatric services have very much being dwarfed by the resources allocated to other aspects of the health service. It is not clear as to exactly why the issue of mental health has to…

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Family Law

News

The Courts Service of Ireland recently advised that nearly 4,000 couples applied for Divorce in the Republic of Ireland in 2018. By far more people applied for Divorce than Judicial Separation. As is standard in most cases the vast majority of people agreed to extinguish succession rights. Almost 50% of people sought a Pension Adjustment…

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Divorce

News

It is often said that there is no law in family law and to a certain extent that is correct and that can make it difficult to advise clients. Clients will often ask what would a Judge be likely to do. Whilst it is possible to advise as to what a Judge is likely to…

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