We have been successful at this year’s Irish Law Awards

We are delighted to announce that we have been successful at the Irish Law Awards.

This year we won the excellence in marketing and communication award. We were shortlisted along with 7 other firms and needless to say, delighted to win. We were also shortlisted for excellence in client service category and the Dublin firm of the year category.

The Irish Law Awards is an annual event designed to recognise excellence in the legal profession. We are delighted with the recognition achieved and believe it reflects on the hard work and commitment of everybody in the Dillon Solicitors Team who work extremely hard to try and meet and exceed our client’s expectations. We want to take this opportunity to thank you our clients as without you, we could not have the successful firm we have.

We continue to strive to improve our standard of service and we look forward to looking after your legal needs in the months and years ahead.

From all at Dillon Solicitors

Dillon Solicitors are Running for Charity!

Dillon Solicitors have completed the 10km Mountain Challenge in aid of DEBRA Ireland last Sunday the 29th of April. It was a beautiful day and we raised €1,700 for the charity.

We would like to say a big thank you to all who donated. It really is such a special cause which will go a long way.

As one challenge ends we begin on our next challenge which is the Calcutta Run on the 26th of May. We would love your support in our next challenge.

The 1st charity is the Hope Foundation. It is dedicated to promoting the protection of street and slum children in Calcutta and the most underprivileged in India. HOPE works to effect immediate and lasting change in their lives.

The second charity is the Peter McVerry Trust which provides a wide range of services including homeless and housing services, drug treatment and detox services, as well as under-18 residential services to the homeless in Dublin.

If you would like to make a donation you can follow the link below. www.idonate.ie/DillonSolicitorsDillon132 Thank you in advance for your generosity!

Rights of Cohabitants clarified in recent case

In the recent Court of Appeal decision in M.W v D.W the Court of Appeal clarified that in order for a claimant to prove a claim under the Cohabitants legislation (The Civil Partnership and Certain Rights and Duties of Cohabitants Act, 2010) he/she must be able to demonstrate that the two year period (in circumstances where the couple had a child/children together) or five year period (in circumstances where they had no children together) was an unbroken period of time i.e. not for a number of periods amounting to two/five years.

At this juncture, it might be useful to make a number of points for anybody that is seeking advice about making a claim under this legislation-

  1. A claim must be made within two years of the ending of the relationship.
  2. In order to apply one must be able to demonstrate that he/she was in an intimate and committed relationship so as to qualify as a ‘qualified cohabitant’.
  3. In order to claim financial relief i.e. by way of maintenance (ongoing maintenance or lump sum, pension or property adjustment order) the claimant must be able to prove that he/she was financially dependent and that this financially dependency resulted as a result of the ending of the relationship. The ending of the relationship may be the death of the other party. It would appear to be the case that if a claimant has an income and is financially independent that a Court is unlikely to grant relief.
  4. If the claim is being made as the result of the death of the other partner the application must be lodged in court no later than six months after the grant of probate/administration has issued in respect of the other partner. It is also important to know that the executor/administrator of the deceased’s estate has no obligation to advise the potential claimant of his or her rights in this regard.
  5. If it is the case that a maintenance/pension adjustment order was previously made then there is no time limit for reviewing these.

If you require any further information in relation to making a claim under the Cohabitants legislation please do not hesitate to contact Brendan Dillon on 01 296 0666.

Update on changes to the Guardianship of Infants Act

Certain changes were made to the Guardianship of Infants Act by the implementation of the Child and Family Relationships Act, 2015 which have now come into operation.

These can be summarised as follows:

  1. Where a cohabitant is the father of the child and has lived with the mother for more than 12 consecutive months following the birth of the child he will be appointed guardian if he can prove this period of cohabitation under Section 2(4) (a) and Section 6(f) of the 1964 Act.
  2. Section 49 of the 2015 Act has inserted a new entitlement for a cohabitant to apply for guardianship where he or she is over the age of 18 years and on the date of the application he or she has been a cohabitant of a parent of the child for a least three years and has shared in the day to day parenting duties for at least two years.
  3. A further interesting entitlement of cohabitants has been inserted by Section 57 of the Child and Family Relationships Act, 2015 which allows a cohabitant who is not a parent of a child to apply for custody of that child where he or she has been a cohabitant with a parent for over three years and has shared in the day to day parenting for a least two years.

If you require any further on this or any other family law matter please do not hesitate to contact Brendan Dillon on 01 296 0666.

Commercial Lease Register

  • Since the introduction of the Property Services (Regulations) Act 2011 all commercial leases from the 3rd of April 2012 onwards should be registered. The obligation to register and provide the necessary information falls on the tenant.
  • The obligation to register applies regardless of the term or nature of the lease/tenancy and applies to occupational leases (where Tenant is in occupation) containing rent review provisions, short term lettings and long leases.
  • Under Section 87 of the above Act, the following information should be provided in relation to each commercial lease:
    1. Address and description of property;
    2. Date of lease;
    3. Term of years;
    4. Rent payable in respect of the property;
    5. Particulars provided under Section 88;
    6. Such other particulars as may be described by regulations.
  • Under Section 88 of the Act the obligation to register apply in the following circumstances:
    1. On the creation of a lease;
    2. On a rent review;
    3. When the tenant ceases to have an interest in the lease, assignmentor surrender;
  • Registration should be done on the psr.ie website and a return should be lodged within 30 days of:
    1. The day on which the stamp duty certificate is received by the tenant;
    2. Determination of rent review;
    3. Determination of interest.

    Should you require further assistance in relation to the above please contact us on 2960666 or alternatively by emailing info@dillon.ie