Legal services offered to Businesses

At Conor McLaughlin & Associates our experienced Solicitors will pursue claims against your debtors while you continue to trade uninterrupted. These actions can include pre-legal actions such as credit checks and letters of demand along with the issuing of proceedings to their conclusion in Court or through the Court office where appropriate.

Legal Services Offered:

• Debt Recovery;
• Tracing of Debtors;
• Registration of Judgements;
• Lodgement with Sheriff;
• Judgment Mortgages;
• Instalment orders; and
• Defending of Debt collection actions against your business.

Read more about our debt collection services

We also offer enforcement of foreign judgement services

The EU General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/EC and is designed to:

• Harmonise data privacy laws across Europe;
• Protect and empower all EU citizens in terms of data privacy; and
• Reshape the way businesses control and/or process EU citizen’s personal data.

At Conor McLaughlin & Associates our experienced Solicitors will guide your business so that it meets its obligations under GDPR while you continue to trade uninterrupted.

Legal Services Offered:

• GDPR Audits;
• GDPR Contract reviews;
• GDPR Terms & Conditions;
• GDPR Breach defence;
• GDPR Data Protection Officer outsourcing;
• GDPR Staff Training; and
• Advice on Cyber Security.

Learn more about business data protection

At Conor McLaughlin & Associates our experienced Solicitors can guide you in terms of the options open to your Company should it find itself in financial difficulty.

When a solvent company goes into liquidation, it enters into what is called a member’s voluntary liquidation. This occurs where the majority of shareholders declare that the company is indeed solvent. A liquidator will then be appointed whose primary role is to recoup the maximum amount possible for the company’s shareholders. If it is determined that the company cannot pay its debts, it can opt for a creditors’ voluntary liquidation, and in this case the company directors meet both the shareholders and creditors. The focus of the liquidator is the repayment of the creditors.

Examinership is a potentially less drastic alternative to liquidation. A company may enter examinership when it is in financial trouble but still has the potential to return to profitability. In this case, an Examiner is appointed by the courts, whose job it is to come up with a strategy that will save the company. As long as the Examiner is in place, the company enjoys Court protection and cannot be wound-up or have a Receiver appointed.

Receivership occurs in order to enforce a loan agreement (contract) that had been in place between the company and the creditor and is nearly always instigated by the creditor (often a bank). The Receiver’s allegiance is to the creditor and while the company may continue trading, the sale of assets in order to pay the outstanding debt can make this impossible. Receiverships are generally viewed as the option of last resort.

Legal Services Offered:

• Liquidation;
• Examinership;
• Receivership; and
• Corporate restructuring.

Conor McLaughlin & Associates are renowned for their expertise in all areas of conveyancing from simple voluntary transfers to complex commercial transactions. Our Solicitors will negotiate and shape specifically tailored contracts that you require for each particular development while making sure that your interests are fully protected.

Legal Services Offered:

• Purchasing & Selling of Commercial and Investment Properties;
• Development Projects;
• Advice for Developers & Builders; and
• Investment advice.

Conor McLaughlin & Associates can help you if you’re thinking of starting a business with our Company Set-up Package which subject to your requirements and instructions covers areas from incorporation, drafting of shareholder’s agreements, general business advices to compliance with Health & Safety legislation and General Data Protection Regulation. Our Company Set-up Package encourages to think more deeply about running your company and making sure all the “pieces” are in place so that you can begin the real business of successful trading.

Legal Services Offered:

• Company Incorporation;
• Advice on Companies Act 2014;
• Shareholder’s agreement;
• Advice on Directors and Officers Obligations;
• Commercial Leases;
• Health & Safety Policies & Procedures;
• GDPR Terms & Conditions;
• Employment contracts; and
• Business Advice.

Conor McLaughlin & Associates have an experienced professional team with expertise in all areas of Employment and Labour Law. Employment law can be a complex legal area in Ireland. Companies of all sizes require specialist and practical legal advice and guidance on a wide range of Irish Employment Law issues. It is essential, for both employers and employees, that the correct contractual and policy documents are drafted, with full regard to the array of employee rights and entitlements afforded to Irish citizens. Conor McLaughlin & Associates are highly experienced in all aspects of Employment Law in Ireland and Europe. With a growing body of Employment Legislation, employment legal advice needs to be informed and current so as to ensure that our clients receive advice that is both practical and accurate.

In recent years there has been a marked increase in the level of contentious disputes arising in the area of dismissals, equality claims, bullying and harassment cases and complaints to the Workplace Relations Commission and the Labour Court. We represent clients in cases before the Labour Court, the Labour Relations Commission, the Employment Appeals Tribunal (now the Workplace Relations Commission) and the Equality Tribunal. Our experience also includes representing clients in relation to bullying and harassment cases.

Legal Services Offered:

• Employment Contracts Review; and
• Unfair Dismissals Defence.

Conor McLaughlin & Associates can help you obtain a “Start-up Entrepreneur Programme” STEP visa. The purpose of the STEP visa is to enable non-EEA nationals and their families who commit to a high potential start up business in Ireland to acquire a secure residency status in Ireland. The Programme was established by the Irish Government in 2012 to stimulate productive investment in Ireland and to offer residency in Ireland with its associated advantages to dynamic business professionals with a proven record of success.

a) A non-EEA national may apply for residency status as an individual, or he/she may also apply for residency status for themselves and their spouse/ partner and children under the age of 18. Where family members are granted residency under STEP, as long as the applicant fulfils the criteria for residence status under the Programme, that status will automatically be maintained on their spouse/partner and minor children living in Ireland.

b) These Guidelines detail the terms for conferring, maintaining and were necessary withdrawing residency status in relation to non-EEA nationals and their families legally residing within the State on the basis of a residency permission granted by the Minister for Justice and Equality under the terms of this Start-up Entrepreneur Programme.

Legal Services Offered:

• Application for Start-up Entrepreneur Investor Programme.

Conor McLaughlin & Associates can help you obtain an injunction which is a remedy awarded by a court to protect your legal right rather than to compensate for a breach of that right. The aim of an injunction is to maintain the status quo between the parties from the granting of an injunction until the final disposal of the action in Court or otherwise. An injunction can be temporary or permanent. A temporary injunction only lasts until the hearing of the substantive action.

A permanent injunction will only be granted at the end of a hearing and if the plaintiff can prove that damages are not an adequate remedy.

Quia timet injunction.

A quia timet injunction prohibits a projected actionable wrongful act where such an act is threatened, apprehended or imminent. It can also be sought to avoid the repetition of wrongful acts.

Mareva injunction

A Mareva injunction is directed towards a party, typically a debtor, whom it is feared may remove, conceal or dissipate their assets prior to a part, such as a creditor taking proceedings against him.  A Mareva injunction will not, for example, improve in principle the position of the creditor who knows that a company is to be wound up. The Mareva injunction simply improves the chances of there being funds available.

Anton Piller Injunction

An Anton Piller Injunction is used to preserve key evidence and ensure that trials are not frustrated due to a lack of evidence which is a key factor in litigation. An Anton Piller order is a form of mandatory injunction requiring the defendant to permit the plaintiff or his agents to enter the defendant’s premises with a view to inspecting and potentially removing items of evidence. The orders are granted in very limited circumstances.

Bayer injunction

A Bayer injunction prevents the defendant from leaving the jurisdiction.

Section 160, planning and development act, 2000

A Section 160 Injunction seeks to prevent an unauthorised development.

Legal Services Offered:

• Quia timet injunction;
• Mareva injunction;
• Anton Piller Injunction;
• Bayer injunction; and
• Section 160, planning and development act, 2000.

Conor McLaughlin & Associates can help you draft a suitable Residential or Commercial lease which incorporates all the latest changes in legislation in this area of the law, thus helping you to avoid problems in the event of a defaulting tenant.

Recent changes of note in legislation affecting landlords are those relating to Residential Tenancies. These radical changes were introduced under the terms of the Residential Tenancies Act 2004. This is a very important piece of legislation setting up a Residential Tenancies Board whose job it is to oversee the implementation of all these changes.

By virtue of the above-mentioned act Landlords must now register all residential tenancies with the Board for a fee, and both Landlord and Tenant are issued with a reference number. Failure to register can lead to a substantial fine.

Any residential lease for a period of one year gives the tenant the right to continue in occupation for a period of up to 4 years from the date of their occupancy. This then becomes known as a Part Four Tenancy. The tenancy can now only be terminated in certain circumstances such as a default on the part of the tenant or the Landlord requiring the premises for their own use or that of their family. In addition, if the landlord wishes to sell the property then, the tenancy may be terminated but, proof of sale must be produced within 3 months from the date of termination in the form of a binding contract if the Landlord is to avoid a fine. All disputes between Landlord and Tenant must now be directed to the Residential Tenancies Board.

It is extremely important for landlords to seek advice in the event of trying to deal with a difficult tenant or in the event of a landlord wishing to reclaim a property in order to avoid hefty fines.

Legal Services Offered:

• Landlord & Tenant Disputes;
• Commercial Leases;
• Rent Reviews; and
• Surrender and Termination Clauses.

Conor McLaughlin & Associates is a market leader in defending personal injuries claims. We can help you in defending complex claims and serious injury claims. Specialist expertise is provided in defending fraudulent and exaggerated claims.

Our services cover employers, occupiers and public liability along with road traffic claims. In every case we focus on client needs, applying our depth of experience to devise the cost-effective strategies which have built a strong track record for negotiating advantageous settlements and fighting cases as the circumstances demand.

Legal Services Offered:

• Defence of Personal Injury Claims.

Conor McLaughlin & Associates Product Liability Solicitors have extensive expertise in advising Irish and international companies, manufacturers, sellers, distributors and insurers, on all aspects of product liability. Our experience ranges from defending litigation to advising on product recall and regulatory and compliance issues. We also advise on liability issues relating to business to business and consumer contracts.

Legal Services Offered:

• Product Liability defence; and
• Advising Irish and Foreign enterprises, manufacturers, sellers, distributors and insurers, on all aspects of product liability.

Conor McLaughlin & Associates can advise on Mediation/Arbitration & Dispute Resolution and help you to choose the most suitable option based on your particular needs.

Mediation is a confidential dispute resolution process in which an independent third party (the mediator) seeks to assist the parties in reaching a mutually acceptable settlement. It is a voluntary and non-binding process that only becomes binding on the parties if a settlement is reached. A solicitor can help in mediation by highlighting the important facts in your case and offering advice on the legal issues involved.

Arbitration is a means of dispute resolution whereby two disputing parties agree to submit their dispute to a neutral third party for determination. An agreement of the parties to submit their disputes to arbitration is most commonly found in the form of an arbitration clause incorporated into a contract between the parties. In arbitration, an independent arbitrator will hear details of a disagreement from the parties involved, consider all the facts involved, and give a final decision on the issue. An arbitration is very similar to a court case and solicitors are usually engaged by the parties

Alternative Dispute Resolution

Adjudication: this process involves an adjudicator, who reviews the facts and legal arguments set forth by the parties in a dispute to reach a decision.

Conciliation: This is similar to mediation. However, in Ireland, construction conciliation is a unique form of ADR: when a conciliator is unable to facilitate a settlement between the parties, he or she will then issue a recommendation that will be binding upon the parties unless it is rejected by either of them within a prescribed time.

Expert determination: This arises where the parties appoint an independent expert to investigate the matter in dispute and to make a decision on the merits of the dispute. The parties usually agree that the expert’s finding will be binding upon them.

Legal Services Offered:

• Advice and guidance on Mediation;
• Advice and guidance on Arbitration; and
• Advice and guidance on Alternative Dispute Resolution.

Conor McLaughlin & Associates offer a top-quality escrow service that makes the transferring of funds trouble-free whether in Euro or foreign currency between relevant parties.

Legal Services Offered:

• Attorney Paymaster.

Conor McLaughlin & Associates can advise on the late filing of tax returns. Under section 343 of the Companies Act 2014, applications for an extension of time to file an annual return may be made to either the High Court or to the District Court. The Court may, if it is satisfied that it would be just to do so, make an Order extending the time in which the annual return of the company, in relation to a particular year, may be delivered to the Registrar of Companies. An application to the Court can only be made in respect of an annual return which has not already been delivered to the CRO. Only one Order may be made in respect of a particular year.

Legal Services Offered:

• Late Filing of Tax Return.

Conor McLaughlin & Associates can advise on the following methods of reinstating a company.

Administrative Restoration

Where a company has been struck off the register for a period not exceeding 12 months, an application for restoration may be made by the company to the Registrar of Companies. Once the 12 months has elapsed, it is only possible to restore the company via Court Order Restoration.

Court Order Restoration

Where a company has been struck off for a period exceeding 12 months, an application for restoration must be made to court.

Where a company has been struck off and dissolved for a period exceeding 12 months, administrative restoration by the Registrar of Companies is not possible. However, provided that 20 years has not elapsed from the date of its dissolution, the company or any member may make an application to the High Court for restoration where the company was struck off voluntarily at the request of the company, or by any officer or member of the company where the company was struck off for non-filing of annual returns or at the request of Revenue for non-delivery of a statement to it.

A restoration application must be made on notice to the Registrar of Companies, the Minister for Public Expenditure and Reform and the Revenue Commissioners, each of whom has various procedural requirements before a letter of no objection to the restoration can be issued. The Chief State Solicitor’s Office represents the CRO and the Minister for Public Expenditure and the Revenue Solicitor represents Revenue.

Legal Services Offered:

• Administrative Restoration; and
• Court Order Restoration.

Conor McLaughlin & Associates guide leading Irish and international companies in respect of their Commercial Contracts. We act for both the private and public sector across all business areas. We have extensive experience across all areas of commercial contracts. We combine a practical approach, technical knowledge and expertise with the ability to craft innovative contractual solutions to achieve the best possible outcome.

Our contractual solutions are always tailored to the circumstances of the particular transaction and our clients objectives.

Legal Services Offered:

• Confidentiality Agreements;
• Non-Disclosure Agreements;
• Asset Purchase Agreements;
• Facility Agreements;
• Option Agreements;
• Mergers and Acquisitions; and
• Franchise Agreements.