Entries by D1ll0n_adm1n

Legislative Changes – Personal Injuries

Legislative Changes – Personal Injuries There have been recent legislative changes enacted pertaining to personal injuries litigation as follows: Section 8 Civil Liability and Courts Act 2004 – From 28 January 2019, there is an obligation to serve an initial letter of claim within 1 month and a court shall draw inferences from a failure […]

7 Tips for seeking mediation

  7 Tips for seeking mediation   Discuss benefits of mediation with other party: Control Cost savings Saves time Agreed outcome No appeal 2. Explore risks – Violence, anger, dominance 3. Decide on a mediator that is experienced and has a good reputation and check out costs and availability. 4. Try and agree the issues […]

Recent case on employer’s duty to protect employees

Recent case on employer’s duty to protect employees    The Court of Appeal recently ruled a case involving the relatively unusual idea of “upwards bullying”. In McCarthy v ISS Ireland Ltd and HSE, the High Court had previously decided that the threshold required for legal bullying had not been met on the facts. In an […]

Wording for Divorce Referendum announced by Government

  Wording for Divorce Referendum announced by Government:   The Government have announced that the provision that separating parties must be living separate and apart for 4 years during the previous 5 years in order to qualify for a divorce is to be removed from the constitution. Instead the Government intend to pass legislation which […]

Factors to be considered when appointing a Trustee of your Will

  Factors to be considered when appointing someone as a Trustee of your Will:   Firstly what is a trustee? – A Trustee is a person(s) who is appointed by a Testator, (the person making a will), who has the responsibility of administering the Testator’s trust, solely in the interest of the trust beneficiaries.   […]

Temporary break in relationship can damage cohabitation claim

  Temporary break in relationship can damage cohabitation claim   In a recent case brought under the Civil Partnership and the Civil Rights of Co-habitants Act which was heard very recently by the High Court a Women failed in her bid to receive financial support from her Ex- Fiancé after the judge found that they […]

Rights of People suffering from Dementia

  Rights of People suffering from Dementia   With the increasing rates of Dementia being diagnosed, it is important for people to be aware of issues that can arise and that should be considered:   Dementia is a form of disability and as such people with dementia are protected by the 1998-2015 Employment Equality Acts. […]

Statement of Terms of Employment – New Requirement

  Statement of Terms of Employment – New Requirement The Employment (Miscellaneous Provisions) Act 2018 came into force on 4th March 2019. The main change is to the Terms of Employment (Information) Act 1994 and in this regard, an employer must now provide a statement of the core terms of employment within 5 days of […]

Medical Negligence Claims – The Practical Steps

      Medical Negligence Claims – The Practical Steps In order to pursue a claim for medical negligence in Ireland, you must have expert reports from suitably qualified doctors/consultants. The first step is to obtain your medical records which involves signing letters of authority addressed to each treating doctor / hospital. A detailed statement […]