Legal services offered to Private Clients

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 their data privacy; and
• Reshape the way businesses control and/or process EU citizen’s personal data.

At Conor McLaughlin & Associates our experienced Staff will guide you in enforcing your rights, such as perusing Data Controllers who have breached your rights under GDPR.

Phone us on +353 (0)71 984 1322 or +353 (0)1 255 24882 for more information or to book a consultation.

Data Breaches

GDPR provides for significant penalties for Data Controllers and Data Processors in the event of a data breach i.e. a breach of security leading to the accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.

At Conor McLaughlin & Associates, we have the knowledge and experience to advise on all aspects of Data Protection. We will advise you on how to make a request under GDPR along with making complaints to the Data Protection Commissioner.

Rights of Data Subjects

Under GDPR an individual has the following rights:

• Right to be informed as to how their personal data is being processed;
• Right to obtain a copy of any information relating to them kept on computer or in a structured manual filing system;
• Right to receive a copy of all data held by a Data Controller within one month of the request been received;
• Right to rectification of data;
• Right to be forgotten, meaning the right to obtain from the Data Controller the erasure of personal data without undue delay;
• Right to restrict further processing of their personal data where specified grounds arise; and
• Right to object to processing.

If an individual is not satisfied with the response they receive from the Data Controller they may make a complaint to the Data Protection Commissioner or institute legal proceedings.

Legal Services Offered:

• Instituting proceedings on your behalf in relation to GDPR Breaches or other infringements on your rights.

Learn more from your data protection solicitor

At Conor McLaughlin & Associates our experienced Solicitors will pursue claims against your debtors. 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;
• Defending of Debt collection actions against your business;
• Debt Recovery; and
• Defending Debt collection actions.

At Conor McLaughlin & Associates we can advise you on the best approach if you find yourself in financial difficulty. We will tailor a plan discretely and efficiently to meet your particular set of challenges. We have developed strong relationships with personal Insolvency practitioners and work with them to devise the most favourable outcome for each case.

Bankruptcy

Bankruptcy is a legal process where an individual is declared unable to pay their Creditors.  The property or assets of an individual, who is unable to pay their debts (called a Debtor) is transferred to be sold by a person known as an official assignee who is given charge of the property by the High Court. When the property or assets are sold, the costs, expenses, court fees and certain priority debts are paid. After this, the net proceeds are distributed to those owed money (the Creditors).

Debt Relief Notice

A Debt Relief Notice (DRN) is an insolvency solution for people who have a low income, few assets and debts of less than €35,000. It is a formal agreement that allows for the write off of debts up to €35,000 where it is unlikely that a person will be in a position to repay them and it is unlikely their financial situation will improve in the next 3 years. Debts such as personal loans, credit card loans, store cards, credit union loans and overdrafts could be included in a DRN. However, it is not a suitable solution for people with a mortgage.

Debt Settlement Arrangement

A Debt Settlement Arrangement (DSA) is an insolvency solution for people who have unsecured debts – credit cards, loans, overdrafts etc. For mortgage-related debt please see Personal Insolvency Arrangement. A Debt Settlement Arrangement is a formal agreement with creditors that allows for some write off of debt. With this solution a person agrees to pay a percentage of their overall debt over a specified period of time.  At the end of that period of time they will be solvent.

Personal Insolvency Arrangement

A Personal Insolvency Arrangement (PIA) is an insolvency solution for people with unsecured and secured debts. Secured debt is a debt backed or secured by an asset (e.g. a housing loan where a house is mortgaged to secure the loan debt). It is a formal agreement with creditors that will write off some unsecured debt and restructure any remaining secured debt, while keeping the person in their home where possible.

Section 115 Appeals

In circumstances where a Personal Insolvency arrangement is rejected a debtor may appeal that decision by virtue of Section 115 of the Personal Insolvency Act. Section 115 sets out the criteria which must be met before a Court may make an order confirming the proposed personal insolvency arrangement.

Asset Protection

If you have accumulated a level of assets through the success of your business, or otherwise, you may have concerns about how those assets may be protected as they pass to your descendants. The Asset Protection team at Conor McLaughlin & Associates will consider your plans and ensure that your wishes are carried out in as advantageous and tax-efficient a manner as possible.

One of the possible options is the creation of a trust which can be tax efficient if set up correctly and can ensure that your assets are protected until such time as you want to pass them on.

Trusts can involve complex areas of law and different types of trust exist that need to be considered for your own particular needs. These trusts may include bare/simple trusts, lifetime discretionary trusts, or discretionary will trusts.

Legal Services Offered:

• Bankruptcy Application;
• Personal Insolvency Appeals (115); and
• Asset Protection.

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

Conveyancing Services Offered:

• Purchasing & Selling Family Home;
• Purchasing & Selling Investment Property;
• Voluntary transfers;
• Investment advice;
• Establishing Trusts; and
• Estate Planning.

Details on conveyancing

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.

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 Employment Law Solicitors are highly experienced in all aspects of Employment Law in Ireland and Europe.

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.

Employment Law Services Offered:

• Sexual Harassment;
• Employment Contracts Review;
• Unfair Dismissals;
• Salary disputes;
• Bullying;
• Harassment;
• Equality & Discrimination;
• Redundancy; and
• Disability Benefits.

Read more…

Conor McLaughlin & Associates provide legal advice and assistance to individuals on all aspects of Immigration Law and its operation by the various government bodies. We ensure that our clients’ rights and entitlements are fully vindicated. We advise our clients in a professional yet practical way.

Immigration Services Offered:

• Application for Residency;
• Application for naturalisation;
• Application for Start-up Entrepreneur Investor Programme;
• Join Spousal Visa;
• Student Visa Application;
• De facto Partnership Visa;
• Joint Family D- Reside Visa for Wife and Child;
• Employment Permit Application;
• EU Treaty Rights Application;
• EU Fam 4 Visa;
• Lay Volunteer;
• Long Stay Visa;
• Appeal to Visa refusal;
• Application for Leave to remain; and
• Foreign Births Registration.

Learn more about our immigration services

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 party, 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;
• Section 160, planning and development act, 2000 injunction; and
• Section 12, Personal Injuries Assessment Board Act 2003 injunction.

Conor McLaughlin & Associates can help you in relation to the latest changes in legislation in this area of the law. Recent changes of note in legislation affecting tenancies 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 role 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.

Landlord Legal Services Offered:

• Residential Tenancies;
• Residential Disputes; and
• Referral of matters to the Residential Tenancies Board.

Conor McLaughlin & Associates can help if you have suffered in these circumstances, you may be able to make a personal injury claim. A Personal injury is the legal term for an injury or illness that has been caused or exasperated by someone else’s negligence.  An injury of any kind can affect your quality of life. Being out of work as a result of this injury may also affect your monthly household income. Conor McLaughlin & Associates personal injury solicitors are here to make the process easier for you. Personal Injuries could happen in a public place, at work, abroad or even on the road.

Personal Injury Services Offered:

• Car Accidents;
• Whip lash;
• Accidents in the work place;
• Fatal Accident Claims; and
• Accident while on holidays.

Phone us on +353 (0)71 984 1322 or +353 (0)1 255 24882 for more information or to book a consultation.

Conor McLaughlin & Associates can help if you have been injured as a result of a defective product to secure compensation for product liability.

Consumers expect that products they buy will be fit for purpose and sufficient for the use that they are intended. As a result, products in Ireland should have passed stringent regulatory tests to ensure that they are of sufficient quality and safe to use. Unfortunately, thousands of products are either sold with defects or are unsafe to use. A defective product can pose a significant safety risk to users.

Legal Services Offered:

• Product Liability Claims.

Learn more about our product liability services

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 have vast experience in representing our clients at what can be a challenging time in their lives. Our criminal lawyers are skilled advocates, experienced in providing expert advice from the outset. We can provide you with clear and reliable advice on your rights, entitlements and options, even if you have been arrested and detained for questioning in a Garda station. Should you find yourself charged with a criminal offence or summonsed to appear in court, we will be on hand to advise, guide and represent you from the start to the finish of your case in the criminal courts, including any appeal.

Criminal Law Legal Services Offered:

• Bail Applications;
• Public Order;
• Theft and Fraud offences;
• Arson;
• Assault;
• Murder;
• Extradition;
• Firearms offences;
• Appeals;
• European Arrest; and
• Warrants/Extradition.

Phone us on +353 (0)71 984 1322 or +353 (0)1 255 24882 for more information or to book a consultation.

Conor McLaughlin & Associates provide legal advice in dealing with all areas of road traffic offences. Our goals are to defend motoring prosecutions and to minimise the severity of financial penalties or periods of disqualification if applied against you.

While the primary legislation in referred to in relation to driving offences is the Road Traffic Act 1961, these laws have undergone constant updating and may be again in the near future. We have extensive experience in defending clients charged with road traffic offences. With road traffic law constantly changing, it can be vital to seek legal advice to help minimise the impact of the court’s decision on your life.

Road Traffic Offences Services Offered:

• Driving without Insurance/Licence or NCT;
• Driving while disqualified;
• Drink Driving;
• Speeding;
• Dangerous & Careless Driving;
• Restoration of Driving licence;
• Leaving the scene of an accident;
• Failing to report an accident;
• Road Tax; and
• Tachograph offences.

Conor McLaughlin & Associates has an experienced and highly respected family law team.

We offer sound judgement coupled with formidable negotiating skills resulting in high levels of settlement and client satisfaction.

We support clients throughout the entire process including any financial, personal and legal issues which arise on a breakdown of a marriage, civil partnership or other relationship. Each client is unique and each case has its own special circumstances. Through professionalism and sensitivity, we work to ensure that cases are resolved in a cost-effective and dignified manner.

Family Law Services Offered:

• Separation agreement;
• Divorce;
• Nullity;
• Custody Access;
• Guardianship;
• Domestic violence;
• Maintenance; and
• Co-habitation.

Phone us on +353 (0)71 984 1322 or +353 (0)1 255 24882 for more information or to book a consultation.

Conor McLaughlin & Associates can advise on Enduring Powers of attorney. An enduring power of attorney (EPA) allows the attorney to make personal care decisions on the donor’s behalf once he/she is no longer fully mentally capable of taking decisions themselves. Personal care decisions may include deciding where and with whom the donor will live, who he/she should see or not see and what training or rehabilitation he/she should get. However, if the donor wants, he/she can specifically exclude any of these powers when setting up the power of attorney or can make the attorney’s powers subject to any reasonable conditions and restrictions.

You can appoint anyone you wish to be your attorney, including a spouse, civil partner, family member, friend, colleague, etc. The procedure for creating an enduring power of attorney is much more complex than that for creating a general power of attorney.

Creating an enduring power of attorney

Because the enduring power of attorney involves the transfer of considerable powers from you to another person, there are a number of legal safeguards to protect you from abuses. The procedure for executing the enduring power of attorney is complex and requires the involvement of a solicitor and a doctor. The enduring power can only come into effect when certain procedures have been gone through and the courts have a general supervisory role in the implementation of the power.

The document creating the power must be in a particular format and must include the following:

• A statement by a doctor verifying that in his/her opinion you had the mental capacity at the time that the document was executed to understand the effect of creating the power;
• A statement from you that you understood the effect of creating the power;
• A statement from a solicitor that he/she is satisfied that you understood the effect of creating the power of attorney; and
• A statement from a solicitor that you were not acting under undue influence.

At least 2 people must be notified of the making of an EPA, none of whom will be the attorney. One of the notice parties must be your spouse or civil partner if living with you. If this does not apply, one of your notice parties must be your child. If neither is applicable, one of the notice parties must be any relative (that is parent, sibling, grandchild, widow/widower/surviving civil partner of child, nephew or niece).

Who cannot be appointed?

An enduring power of attorney may be granted to individuals or trust corporations but may not be granted to the following people:

• People under the age of 18
• Bankrupts
• People convicted of offences involving fraud or dishonesty
• People disqualified under the Companies Acts
• An individual or trust corporation who owns a nursing home in which you live or an employee or agent of the owner, unless that person is also your spouse, civil partner, child or sibling

Registration

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.

Legal Services Offered:

• Enduring Powers of Attorney; and
• Ward of Court.

Read more…

Conor McLaughlin & Associates have extensive experience in advising on transactions relating to licensed premises and of contentious and non-contentious liquor licensing applications. The licensing laws in Ireland are vast and complex dating from as far back as the 19th century. Conor McLaughlin & Associates can help in all licensing applications you may need advice on.

Legal Services Offered:

• Seven Day Ordinary On-Licences for Public Houses;
• Special Exemptions;
• Wine Retailers On-Licence;
• Restaurant Certificate;
• Special Restaurant Certificate;
• Dance Licences;
• Retailers Off-Licence;
• Festival Licence;
• Ad-Interim/Transfer and confirmation of Transfers; and
• Estate Agents & Auctioneer related Licences.

Learn more about licensing

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.

Will

It is important for you to make a Will because if you do not, and die without a Will, the law on intestacy decides what happens to your property. 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. It is also advisable to complete and keep updated a list of your assets.

Probate

When a deceased has made a Will, the process which allows the assets to be distributed is called Probate. The representative(s) of the deceased are known as the Executor(s).

If there was no Will then the process is called Administration.

When a deceased has not made a Will, the process which allows the assets to be distributed is called Administration. The representative(s) of the deceased are known as the Administrator(s).

Learn more about Probate in our Probate FAQ

Contesting a Will.

Conor McLaughlin & Associates can advise on some of the common grounds for challenging a Will which include:

• Lack of Capacity;
• Undue Influence; and
• Failure to provide for certain family members.

Legal Services Offered:

•  Wills;
•  Probate
•  Contesting Wills.

Read more…

Conor McLaughlin & Associates can advise on all aspects of defamation. A Citizens’ good reputation can take years to earn but can be lost in moments by the publication of a false and defamatory statement.

We have the knowledge and skills necessary to handle all types of cases and achieve solutions for our clients whether through mediation or court proceedings. We help plaintiffs in defamation cases obtain apologies, retractions and compensation for damages. Recently there has been an increase involving internet defamation which is an area we have developed a certain expertise in this regard.

Phone us on +353 (0)71 984 1322 or +353 (0)1 255 24882 for more information or to book a consultation.

Defamation Services Offered:

• Bringing Defamation Cases; and
• Defending Defamation Cases.

Learn more about Defamation

Conor McLaughlin & Associates can advise on all aspects of Medical Negligence which may lead to physical, emotional and personal trauma, as well as loss of earnings and an inability to continue working. Medical negligence cases are difficult to prove and a lot of work is required before taking proceedings for a medical negligence case.

Medical Negligence Legal Services Offered:

• Delay or Failure in Diagnosis;
• Clinical and/or Medical errors;
• Medical neglect;
• Hospital negligence and surgical errors;
• Neonatal conditions & injuries during birth;
• Orthopaedic negligence; and
• Cosmetic surgery negligence.

Conor McLaughlin & Associates can advise on all aspects of Constitutional law. The Irish Constitution was enacted in 1937 and replaced the previous Constitution which was enacted in 1922. The current Constitution sets out how Ireland should be governed and establishes the main institutions of our State. No law conflicting with our Constitution can be enacted. The Constitution can only be changed by a referendum wherein each Irish citizen over the age of eighteen years is entitled to vote.

The Constitution also deals with the fundamental personal human rights of each and every Irish Citizen. However, it is important to note that not all rights granted by the Constitution to an Irish citizen are absolute and you will find that rights must often in fact be weighed up against another competing right.

Legal Services Offered:

• The right to life;
• The right to a fair trial;
• Personal liberty;
• Religious liberty;
• Freedom to travel;
• Equality before the law;
• The rights of the family;
• Property rights;
• Inviolability of dwelling;
• Freedom of Expression; and
• Freedom to obtain information lawfully available in another country.