The Companies Bill 2012 (“the Bill”)

Company Law in Ireland will come under substantial reform with the enactment of the Companies Bill 2012 (“the Bill”). The Bill was passed by the Dáil earlier this year and succeeded the Seanad Committee stage in June. Although an extensive piece of legislation, currently comprising 1445 sections, the Bill for the most part merely...
Read More

EU Consumer rights – New Developments

This Friday the 13th of June will see the coming into force of new rules in relation to consumer rights in the European internal market. The Directive 2011/83 EU strengthens certain rights that the consumer can exercise in particular in relation to contracts formed online, by phone or by post with a supplier or trader trading [&hellip...
Read More

Advanced Healthcare Directives (“AHDs”) and Living Wills

The public consultation recently announced by the Minister for Health, Dr James Reilly TD, on the draft General Scheme of legislative provisions for advance healthcare directives to be incorporated into the Assisted Decision-Making (Capacity) Bill 2013, should be of interest to all of us. Making the announcement, Minister Reilly said that AHD’s...
Read More

Planning a Package Holiday this year in the EU?

Are you planning an escape to somewhere via a package holiday this year? If so you should be aware of the Package Travel Directive 90/314/EEC (“the Directive”). How we travel in terms of package holidays nowadays is a lot different than in the past. For example package holidays in the past were “pre-arranged”. Nowadays given [&hellip...
Read More

Cyber Monday – buying goods online and Consumer Law generally

  The term “Cyber Monday” was created by marketing companies to persuade people to shop online. It is the Monday after Thanksgiving in the US and it is arguably one of the biggest online shopping days of the year. In Ireland around €4bn of the country’s annual €35bn retail spending is now done online. As [&hellip...
Read More

The right to interpretation during criminal procedure – the position under EU Law.

As a result of EU Directive 2010/64/EU, EU Law now guarantees the right of EU citizens to be interviewed, to take part in hearings and to receive legal advice in their own language during any part of a criminal proceeding, in all courts in the EU. Enhanced Human Rights According to the European Commission this [&hellip...
Read More

Assisted Decision-Making (Capacity) Bill 2013 (“The Bill”)

The current approach to capacity in Ireland is archaic and is based on a medical assessment of the individual. The current status is “all or nothing”. The Bill proposes to change this so that capacity is assessed only in relation to the matter in question and only at the time in question. If a person [&hellip...
Read More

Directors duties and obligations under Irish Law

So you’ve been approached about becoming a Director of an Irish based private limited Company. Here’s a quick guide to your duties and obligations as a Director under Irish law.It is clear that directors control a company in the interests of it’s owners. The owners are known as members. However, directors also have responsibilities under...
Read More

Visa requirements for Non-EU nationals under Schengen

Although Ireland is an active member of the EU it still isn’t a member of Schengen.  Therefore for example business persons visiting Ireland from non-EU countries have more layers of bureaucracy to deal with than 22 of their EU counterparts. What is Schengen? Schengen is an Agreement between 25 Member Countries, 22 of which are [&hellip...
Read More

Interested in claiming an exemption from Local Property Tax up to 2016?

Did you buy a residential property in 2013? You may be exempt from Local Property Tax up to 2016. The exemption originally only applied to first time buyers but due to an error in drafting of the legislation anybody who purchases a property in the period 01 January 2013 to 31 December 2013 can claim [&hellip...
Read More

In danger of losing your home? Have you considered the Mortgage-to-Rent Scheme (“MRS”)?

The MRS is a government initiative to help homeowners who are at risk of losing their homes. Under the MRS you voluntarily surrender ownership of your home and become a tenant of a housing association instead. How does the MRS work? In effect you surrender possession of your home to your lender who immediately sells [&hellip...
Read More

Considering buying a second property? Then you’ve only 4 months left to avail of 7 years relief from CGT

Section 604A of the Taxes Consolidation Act 1997 (as per section 64 of the Finance Act 2012)  gives relief from capital gains tax for property purchased between 7 December 2011 and 31 December 2013 where that property is held for more than 7 years. Where the property is held for more than 7 years, the [&hellip...
Read More

Inheritance tax – why inheriting in 2013 is not as attractive as 4 years ago.

Let me put it to you like this – do you think you would pay more inheritance tax had your parent died (a) in 2009 and you alone inherited the family home worth €542,000 or (b) in 2013 and you alone inherited the family home worth €230,000? The answer is b! CAT and how it is applied [&hellip...
Read More

Have a property for sale? Consider the following 7 steps before consulting your Solicitor

Property for Sale Whether you have a house for sale or apartment for sale in any part of Ireland or other property for sale it would be prudent to consider the following 7 steps before consulting your Solicitor:- House for Sale or Apartment for Sale 1. Find out the location of the Title Deeds. Your Solicitor [&hellip...
Read More

Travelling abroad this Summer? New lower price caps for mobile roaming from today: data 36% cheaper

From today, the EU’s Roaming Regulation will lower the price caps for data downloads by over 35% making it much cheaper to surf the web while travelling across the EU. Data roaming will now be up to 91% cheaper in 2013 compared to 2007. Data Roaming Growth During the last 6 years the volume of [&hellip...
Read More

7 good reasons why Consumers should be aware of SEPA

The Single European Payments Area (or SEPA) is an EU initiative that will change the way euro denominated electronic payments are processed across Europe. It comes into full effect on the 1st of February 2014. It will mean that users of payment services can make and receive payments across 32 countries using common standards creating [&hellip...
Read More

Wills and when a will can be challenged

In this my final article in my series on Wills, I am looking at the main grounds for challenging a will. They are as follows:- 1. Succession Act requirements: The Act sets out a number of formalities for the making and signing of a will. For example the will has to be signed by the person [&hellip...
Read More

Property values on the up: 3 good reasons why NOW is a good time to buy.

1.     Price trends   The Cork property market has stabilized. Today’s CSO data figures show a 1.2% rise for the first time in 4 months outside Dublin. Daft in their most recent report for 2013 said there was a 0.1% rise in Cork prices in the first quarter of 2013. It’s a pity Daft don’t [&hellip...
Read More

Climbing on the property ladder: a first time buyer’s guide

There are a multitude of things a first   time buyer needs to be wary of when buying a home. For reasons of clarity I am only going to outline the main ones in this article. Firstly and obviously finance is of paramount importance.   Can you afford it? Simply put – can you afford [&hellip...
Read More

Wills and the importance of making a will

It is important to make a will as it ensures after your death that your assets are distributed according to your wishes. There are also some tax considerations involved and by leaving your assets in a particular way you can limit the tax to be paid by your beneficiaries.   What if you die without [&hellip...
Read More

Offences

I was recently asked the difference between a summary offence and an indictable offence. Summary Indictable One Mode of trial Two modes – pre trial and trial Simple, speedy, and informal Complex, long, formal No Jury Jury Minor More Serious Can only be tried summarily Can be tried on indictment but also summarily. Time limits 6months(except...
Read More

Wills and the requirements for making a valid will

Deciding what happens to our assets when we die is a task most of us would prefer avoiding if at all possible. In fact the majority of us have old wills lying in solicitor’s offices that are no longer applicable and need to be updated. As we all know a will is a declaration in [&hellip...
Read More

Engagement

A broken engagement can be a very painful and confusing experience. Aside from the emotional distress, the parties must decide: who keeps the engagement ring what happens to any wedding gifts they may have received what happens any property, for example, a house Expenses incurred in preparation for the wedding   Legislation applicable The...
Read More

Disability Law and Jury Service

Is a person with a disability eligible to be a juror? Originally, there was an exclusive ban that persons with disabilities in Ireland couldn’t serve due to: ‘insufficient capacity.’ However, the position has changed now to how “practicable” it would be for a person who is deaf or blind to sit on a jury. Irish [&hellip...
Read More

Pension entitlements under the Personal Insolvency Act 2012 (“the Act”)

Bankruptcy occurs when someone is wholly or partially unable to repay their debts. The purpose of the bankruptcy is to distribute the assets of the bankrupt fairly among their creditors and protect them from their creditors. The distribution is done through a court official known as the ‘Official Assignee’. The current general rule for...
Read More

Maternity Leave Discrimination

Have you ever been discriminated against because of your gender – namely for being a woman? More importantly, has such discrimination ever been in connection with your pregnancy? Have you ever had the fear if you go out on maternity leave that when you return to work that your ‘old’ job will be given to [&hellip...
Read More

Disability and Employment Law

What happens if you have a disability and you are applying for a job and the pre-employment questionnaire asks you about your medical information? Should you disclose? What happens if you make a conscious decision to withhold information about your disability for fear that you will not obtain employment. Read below for more on Disability [&hellip...
Read More

Surrogacy Law in Ireland

Surrogacy arrangements are unregulated in Ireland. Regarding Surrogacy Law in Ireland, it is interesting to note that no provision of lrish law prohibits such agreements. Issues surrounding surrogacy can become complex because neither the Irish constitution nor the Guardianship of lnfants Act (1964) as amended, expressly sets out and defines in...
Read More

Unmarried fathers in Ireland

An interesting legal question that I am always asked is: ‘What are my legal rights as an unmarried father in Ireland?’ The position of an unmarried father in Ireland is that he has no automatic legal rights in respect of his children, a fact which has been confirmed by the Irish Supreme Court. Contrary to [&hellip...
Read More

Borrowers in Arrears and the Code of Conduct of Mortgage Arrears (“the Code”)

In this article I will focus on the Code of Conduct of Mortgage Arrears governing banks in their dealings with borrowers who have difficulty in making payments. I will set out what the Code is and who it applies to. I will give the facts of the High Court case of Stepstone Mortgage Funding Limited [&hellip...
Read More

Relaxation of the In-Camera Family Law Rule

Family law cases are held in-camera. This means they are held in private. However, the Courts Bill 2013 has been published and this bill aims to relax the rule. It will allow for greater coverage of family law proceedings. The change will essentially allow for court reporters to publish accounts of family law proceedings,...
Read More

The right to a solicitor when being questioned in Garda custody – future proposals

Your rights while in Garda Custody So you have been detained in a Garda station what happens now? What procedures must the guards follow? No doubt ending up in a garda station is daunting. Hopefully my blog post will help you understand your rights and future proposals that are coming down the line. When a person [&hellip...
Read More

Mortgage Debt Relief under the Personal Insolvency Act 2012 (“the Act”)

The Debt Relief Notice (“DRN”) in most instances only applies to debt that is un-secured( i.e. it is not secured against any asset like a mortgage on a house). But what if your debt is mortgage debt and you are currently in financial difficulty? To deal with this, the Act has created an out-of-court process [&hellip...
Read More

Personal Insolvency Act 2012 – Debt Relief Notices

Debt relief under the Personal Insolvency Act 2012 (“the Act”). Have you run up credit cards bills, overdrafts, personal loans and utility bills of €20,000 or less? Have you little or no income (ie. net disposable income of €60 per month or less) and little or no assets? (ie. value of your total assets is [&hellip...
Read More

Property Law – Contract Deposits

Property Law – all conveyancers should be aware of the recent case of Wallace v Rowley. It appears that GCond 5(c) ie that the contract deposit was held (by the Vendor’s solicitor) as trustee for the Purchaser did not apply as the contract had not become binding and the Purchasers Solicitor had not set out [&hellip...
Read More

Consumer Law – Travel Compensation

Travel Compensation – A passenger is entitled to compensation where there is a 3 hour delay or more in arriving at his destination. EU rules establish that compensation is due for flight delays and cancellations. What about connecting flights? What if you were 2 hours delayed for your arrival at your first airport and missed [&hellip...
Read More

Consumer Law – Shopping Online

Consumer law aims to ensure that there is enough info about prices and quality of products and that the goods are safe and manufactured to an acceptable standard. What is the position then when buying online from an internet auction site such as eBay? Consumer law may not apply as it may not be a [&hellip...
Read More

Employment Law – Collective Redundancy

Collective Redundancy and the importance of consultation: Comparing the treatment of employees in Ireland and the UK Since the downturn in the economy Cork has experienced a number of employees from high profile companies staging sit-ins where the employees were informed without prior consultations that operations were to cease.  In this article...
Read More