Apr 4, 13 • blog_posts • No Comments »
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...
Apr 3, 13 • blog_posts • Comments Off on 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...
Apr 2, 13 • blog_posts • No Comments »
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...
Mar 25, 13 • blog_posts • No Comments »
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,...
Mar 25, 13 • blog_posts • No Comments »
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...
Mar 13, 13 • blog_posts • Comments Off on 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...
Mar 5, 13 • blog_posts • Comments Off on 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...
Mar 5, 13 • blog_posts • Comments Off on 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...
Mar 5, 13 • blog_posts • Comments Off on 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...
Mar 5, 13 • blog_posts • Comments Off on 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...