Legal FAQs

The general limitation period under the Statute of Limitations is six years for proceedings for Tort or breach of Contract. The time limit for a claim under the Liability for Defective Products Act 1991 is three years from the date the damage occurred or when the plaintiff was aware or should reasonably have been aware of the damage, the defect and the identity of the producer.

The Small Claims procedure is a service provided by District Court offices and is designed to handle consumer or business claims inexpensively without involving a solicitor. The claim cannot exceed €2,000.  The current fee to make a claim is €25. Where possible, the Registrar will negotiate a settlement without the need for a court hearing. If the matter cannot be settled, the registrar will bring your claim before the District Court (which you will have to attend). Remember, it is possible your claim will be disputed, or a counterclaim made against you.

Our Road Traffic Accidents Solicitors understand that an injury caused as a result of Road Traffic Accidents are an incredibly stressful and emotional experience which have a bearing on your private and professional life. In circumstances where you have been injured as a result of the negligence of another you may be entitled to take a claim for compensation. It is clear that Road Traffic accidents are an everyday occurrence and can result in whiplash or more serious physical injuries or physiological injuries. A Whiplash is a neck injury which occurs due to forceful, rapid movement of the neck, like the motion of cracking of a whip. A Whiplash injury often occurs by car accidents involving rear-ending. It should be noted that whiplash may result from traumatic abuse and sporting and other physical accidents. Whiplash may be cured in a matter of months or it may have long lasting effects. Typical symptoms of whiplash may include neck pain, stiffness, restricted movement, headaches, tenderness, numbness, fatigue and dizziness. Our Personal Injury Solicitors will assist you in taking a robust whiplash claim via the Personal Injuries Assessment Board.

The legal time limit or statute of limitations for a personal injury is 2 years from (i) the date of the injury, or (ii) the date of knowledge of the injury. The date of knowledge of the injury is significant in that in some cases an injured party may not realise they are injured until after the injury has occurred. It is important to note that your case may not be brought forward after this period.

Our Road Traffic Accident Solicitors understand that an injury caused as a result of a Road Traffic Accident is an incredibly stressful and emotional experience which have a bearing on your private and professional life. In circumstances where you have been injured as a result of the negligence of another you may be entitled to take a claim for compensation. It is clear that Road Traffic accidents are an everyday occurrence and can result in whiplash or more serious physical injuries or physiological injuries. Being involved in a car accident is a traumatic experience whether you suffer a physical injury or psychological injury as a result of the negative experience. In some cases, you may be in a position to make a claim for compensation. Our Personal Injury Solicitors will assist you in taking a car accident claim via the Personal Injuries Assessment Board.

Medical Negligence is a term used to describe a set of circumstances where a party sustains an injury as a result of an error made by a medical practitioner such as a Doctor or Dentist. While it is true to say that most medical professionals are competent and carry out many successful operations on a daily basis, errors do occur.

The legal time limit or statute of limitations for a Medical Negligence claim is 2 years from (i) the date of the injury, or (ii) the date of knowledge of the injury. The date of knowledge of the injury is significant in that in some cases an injured party may not realise they are injured until after the injury has occurred. It is important to note that your case may not be brought forward after this period.

The amount of compensation will depend on many factors including but not limited to the severity of the matter, the strength of your case, on-going damage and whether the matter is settled or goes to Trial.

A consultation with our Medical Negligence Solicitors will help them to understand the nature of the injury and the causes of same. Our Medical Negligence Solicitors will identify the likely Defendants and allow them to strategize the best path forward for you. Our Medical Negligence Solicitors will require copies of all relevant documentation in order to fully consider your injury. This may involve a Data Access Request under the General Data Protection Regulation. A Medical Report is considered to be the most important in terms of proving the injuries sustained. A Medical report may involve a report from a General Practitioner, Specialist or a Psychologist depending on the type of injury sustained. At this point our Medical Negligence Solicitors will brief a Barrister so that the necessary proceedings can be prepared and served on the correct Defendants. It is important to note that a large number of Medical Negligence cases settle outside of court.

As a patient you normally have a deep trust in the expertise of your Doctor to deliver the correct diagnosis. Despite this there are instances where a doctor may give a misdiagnosis or perhaps negligently delay the diagnosis leading to complications. If a diagnosis is delayed, then this may have an impact on the effectiveness of treatments which could result in needless pain and suffering, prolonged illness and perhaps a complete failure of recovery. Where the above has occurred, a patient may be entitled to pursue a claim for medical negligence or malpractice.

Proving that a doctor has acted negligently in his or her treatment of a patient is a rather complex task and it should be noted that the law only provides the opportunity for you to make a medical negligence claim if it can be shown that on the balance of probabilities that the treatment that you received was carried out in a negligent fashion and that same directly caused or contributed to your injury.

Before deciding to bring a claim against your employer, you must raise your issue internally in your workplace. This will involve using the grievance procedure in use in your employment.  If appropriate, a claim against your employer may be brought at the Workplace Relations Commissioner and the Labour Courts.

A constructive dismissal occurs under the Unfair Dismissals Acts 1977-2015 where your contract of employment is terminated, with or without notice, due to the conduct of your employer. Your employer’s conduct must have been of such a manner that it was reasonable for you to terminate your contract without giving notice.

An unfair dismissal can occur under the Unfair Dismissals Acts 1977-2015 where an employer terminates your contract of employment, with or without notice and in particular under the following:

• Political or Religious opinions;
• Union Membership;
• Gender, Sexual orientation, Colour, or Age;
• Unfair selection for Redundancy;
• Protected Disclosures;
• Pregnancy or breastfeeding or any matters connected with childbirth; and
• Availing of rights under legislation to maternity, adoptive, paternity, carers or parental leave.

An unfair dismissal can occur under the Unfair Dismissals Acts 1977-2015 where an employer terminates your contract of employment, with or without notice and in particular under the following:

• Political or Religious opinions;
• Union Membership;
• Gender, Sexual orientation, Colour, or Age;
• Unfair selection for Redundancy;
• Protected Disclosures;
• Pregnancy or breastfeeding or any matters connected with childbirth; and

Availing of rights under legislation to maternity, adoptive, paternity, carers or parental leave.

• The names of the employer and employee;
• Employment start date;
• Remuneration;
• Holiday details;
• Hours of work;
• Terms regarding illness;
• Pension details;
• Job title;
• Place of work;
• Notice period; and
• Disciplinary & grievance procedures.

• A failure to pay correct salary.
• A failure to pay compensation.
• A failure to investigate a grievance.

A Will is a witnessed document that sets out in writing the deceased’s wishes, after death, for their possessions, referred to as their Estate. A will is also an important tax-planning device.  It can be drafted to make the best possible use of the various tax reliefs. Our expert and experienced Will Solicitors will discuss the entire process with you. We will ensure that your interests are protected at all times and that the procedure is carried out speedily and efficiently. Finally, you should always seek legal advice on the possible tax implications of either receiving or giving any gift or inheritance.

A Will can be made at any time, however after marriage, after you have children or purchased an additional property are all good times to draft or re-new a Will.

When it comes to making a Will, in order for the Will to be valid the testator must have capacity to make a Will and this is assessed in accordance with principles set out in case law.

Our Will Solicitors have experience in all aspects of drafting and preparing Wills and advise on all aspects of Estate Planning. An incorrectly drafted Will may lead to unintended consequences.

A Will is a witnessed document that sets out in writing the deceased’s wishes, after death, for their possessions, referred to as their Estate. A will is also an important tax-planning device.  It can be drafted to make the best possible use of the various tax reliefs. A will can ensure that proper arrangements are made for your dependants and that your property is distributed in the way you wish after you die, subject to certain rights of spouses/civil partners and children.

While you do not have to have your will in a set format it is important that it contains the following:

• Name and address;
• Statement that says you revoke or disown all former wills;
• Appointment of one or more Executors;
• A residuary clause, which will deal with the residuary of your Estate; and
• Your will should be dated and signed by you and your witnesses.

The word Probate means to prove. Probate occurs when a person dies leaving a Will outlining their Testamentary wishes. The party who is responsible for the distribution of your estate is known as an Executor. An Executor will seek to obtain a Grant of Probate and also compile a schedule of assets such as property or bank accounts and pay all your debts. Once debts are paid the balance of the Estate is distributed to the beneficiaries of the Estate.

Typically, the relevant grant is received within 3-6 months from the date of receipt of all the relevant information. The timelines largely depend on the level of applications the Probate office is dealing with. Once the grant is received, certified copies are sent to the various Financial institutions so that the funds can be received and distributed. It should be noted that delays can occur where a Will is contested. Our Probate Solicitors can advise as to any likely timeframe and likely delays. Further, it is important to note that an Executor or Administrator has 12 months to deal with the distribution of an Estate from the date of death. If an Executor or Administrator fail in this regard a potential beneficiary may apply for the relevant Grant.

An Executor who fails to act could face a lawsuit by the heirs or creditors who stood to benefit from the estate. The heirs may sue for damages due to not being given the assets to which they were entitled.

In cases where an Estate is under €25,000 and there is no property involved there is a procedure which allows the Estate to be administered without the need to apply for either a Grant of Probate or Grant of Administration. In many cases this procedure is used when there is no property and involves only funds in a Credit Union or Bank Account. In such cases the relevant bank or credit union may simply release the funds.

In cases where the deceased has not left a Will, the Administrator has the responsibility to apply to the Probate office for a Grant of Administration. Under Irish Law the Administrator must administer the Estate of the deceased. It is important to note that in a case of Administration, the administrator of the Estate is generally the nearest relative or next of Kin.

The party who is responsible for the distribution of the estate is known as the Administrator. An administrator will seek to obtain a Grant of Administration and also compile a schedule of assets such as property or bank accounts and pay all relevant debts. Once debts are paid the balance of the Estate is distributed to the beneficiaries of the Estate.

In cases where the deceased has left a Will, the Executor has the responsibility to apply to the Probate office for a Grant of Probate. Under Irish Law the Executor must administer the Will. If the Executor is not in a position to administer the Will, then they should renounce their position and allow a suitable party to take over the position as Executor. In some cases, there is more than one Executor and they may jointly apply for the Grant of Probate.

The party who is responsible for the distribution of an estate is known as the Executor. An Executor will seek to obtain a Grant of Probate and also compile a schedule of assets such as property or bank accounts and pay all relevant debts. Once debts are paid the balance of the Estate is distributed to the beneficiaries of the Estate.

Over the last number of years, the banking sector has come under increased scrutiny in terms of the products they offer. Perhaps one positive result in this respect has been an increase of mortgage deals/switches the banks are offering. In many cases there are huge savings to be obtained. Our Mortgages Switching Solicitors are here to help complete any documentation you may require. A Solicitor is required for this process and we can assist.

Conveyancing is more complicated and time-consuming than it may first appear, so it is best to leave it to your solicitor. Whether buying a house or apartment by auction or by private treaty, your solicitor must carefully examine the contract and supporting copy documents of title. It is easy to fail to notice a problem on time. Issues may include evidence that the vendor really does have title to sell the property, whether there are any disputes about the property and that nobody else has any rights to it, such as a right of residence.

A conveyance involves the transfer of property from a legal perspective from one owner to another. Conveyancing covers all legal and administration work carried out from the drafting of contracts of sale and review of title, to the registering of the Property with the new owner. The process starts when an offer is accepted on a property and ends when the new owner is the registered legal owner.

The EPA can only come into force when it has been registered. However, once an application to register the EPA has been made, the attorney may take action under the EPA’s powers to maintain you and prevent loss to your estate. The attorney may also take action to maintain themselves and other persons, in so far as it is permitted under Section 6 (4) of the 1996 Act. The attorney may also make any personal care decisions permitted under the powers that cannot reasonably be deferred until the application for registration has been determined.

Also, in certain circumstances before the EPA is registered, application may be made to the court to exercise the EPA’s powers under Section 12 of the Act.

In order to register an EPA, the future attorney makes an application for registration to the Registrar of Wards of Court, once there is reason to believe that you are or are becoming mentally incapable. The attorney must have a medical certificate confirming that you are incapable of managing your affairs.

Five weeks before making this application, the attorney must notify you and the notice parties of his/her intention to do so. Within the 5 weeks, the donor or a notice party can lodge a notice of objection on one of the grounds given in Section 10 (3) of the Act with the Registrar of Wards of Court.

An Enduring Power of Attorney is a signed and witnessed document that allows a client (Donor) to appoint certain party(ies) known as Attorney/Attorneys. An Attorney/Attorneys will have authority to make decisions on behalf of that Donor in relation to their property and care should they suffer from a disease of the mind such as dementia.

The High Court can order the revocation of the Enduring Power of Attorney where it is satisfied that:

• A Donor is mentally capable and likely to remain so;
• One of the attorneys is unsuitable; and
• Where there is the presence of Fraud or undue pressure which was used to induce a donor to create the power.

A deed poll is an official document drawn up and completed by one party used to declare an intention to change one’s legal name.

Defamation is defined as a statement that “tends to injure a person’s reputation in the eyes of reasonable members of society”.   Previously, financial loss had to be proven for certain types of defamation in order to take a case. All defamatory statements are now actionable.

• Lodge €200 with the Official Assignee;
• Complete your petition, which must be verified by a sworn affidavit and a sworn statement of affairs;
• Have the above documents stamped at a Court Stamp Office;
• File the stamped documents and statement of affairs at the Examiner’s Officeand obtain a court date;
• Attend the court hearing on that date, where the judge, if satisfied, will adjudicate you bankrupt;
• Meet the Official Assignee to be interviewed regarding your assets and debts;
• File notice of your adjudication as a bankrupt in Iris Oifigiúil(the State gazette); and

File notice of your adjudication as a bankrupt either on the ISI’s website or in a national daily newspaper.

• Set rent;
• Set date rent is due;
• Receive any charges associated with the property;
• Terminate a tenancy during the first 6 months without giving a reason;
• Be made aware who is ordinarily living in the property;
• Be made aware of any repairs needed;
• Obtain reasonable access to the property to carry out repairs;
• Routine inspections at a mutually agreed time;
• Refer disputes to the Residential Tenancies Board;
• Review the rent (subject to certain restrictions); and
• Decide whether the tenant can sub-let or assign a tenancy.

• Register the tenancy with the Residential Tenancies Board;
• Provide a rent book;
• Make sure that the property meets certain minimum standards;
• Repair and maintain the interior of the property to the standard it was in at the start of the tenancy;
• Repair and maintain the structure of the property;
• Provide a Building Energy Rating certificate for the property;
• Reimburse tenants for any repairs they make which are your responsibility;
• Insure the property;
• Provide the tenant with information about any agents who are authorised to deal on your behalf;
• Ensure that the tenant knows how to contact you or your agents;
• Give private tenants 90 days’ notice of a rent review; and
• Provide tenants with a valid written notice of termination.

• Defects in Design: A defect in design makes a product dangerous to use. Design defects may occur even if the product is manufactured to a high standard as it still may be unfit for use.
• Defects in Marketing: an example of a defect in marketing may involve insufficient warnings or instructions. Every manufacturer or producer has a positive obligation to ensure that warnings and instructions are clear and accurate.
• Defects in Manufacturing: an example of a manufacturing defect would be where there is a defective element or material perhaps due to poor workmanship or poor-quality materials.

The main aim of Alternative Dispute Resolutions is to facilitate communication between the parties and help find a solution to the problem that is agreeable to both sides. Some Alternative Dispute Resolutions can only propose a solution, while others have the power to impose a decision or ruling.

• Solves problem faster.
• No Court attendance.
• Can be confidential.
• Can be flexible.
• Helps achieve mutual agreement.

When a married couple or civil partners that they will live separately, they may enter into a separation agreement. The main goal of a separation agreement is that it should represent an agreement that both parties must consent too. A separation agreement is a legally binding contract setting out each party’s rights and obligations to the other. The terms of the separation agreement are usually agreed via negotiation through solicitors. Having an agreed separation agreement will mean avoiding a costly and needlessly stressful court case.

• The names of the Parties;
• Agreement to live apart;
• Sets out Rights and Obligations;
• Description of Property;
• Agreement regarding the distribution of Property;
• Visitation and maintenance for minor children;
• Taxation;
• Succession rights;
• Maintenance payments; and
• Pension adjustment orders.

A decree of Divorce ends a marriage and permits each party to re-marry. If a couple cannot agree to the contents of a Separation Agreement, an application to Court for a decree of judicial separation can be made by either party.

An application for a judicial separation may be based on one of the following grounds:

• Either party has committed adultery;
• Either party has behaved in such a way that it would be unreasonable to expect the other spouse to continue to reside with them;
• Either party has deserted the other for at least one year at the time of the application;
• The couple have lived apart for at least one year at the time of the application for the Decree of Judicial Separation (whether or not both parties agree to the decree being granted); and
• A court considers that a normal marital relationship has not existed between the parties for at least one year before the date of the application.