Welcome to the Tipperary Solicitors Bar Association Blog. We hope you find the articles below informative and helpful. However, if you have any questions or comments, please feel free to contact us.
Expert Witnesses could face Civil Action
Expert witnesses who give questionable evidence in Court could end up being sued for compensation under the recommendations that are before the Law Reform Commission. The proposals are to abolish the traditional assumption of immunity for expert witnesses. The Commission is considering that where the witness acts with gross negligence in its reports or evidence, they should be personally liable for any civil claims that arise as a result of such negligence. Every year many thousands of medical, engineering, financial and other technical reports are prepared for both Plaintiff and Defendants in Court cases. The author of such reports can be required to attend Court to explain their report and observations and justify their conclusions. Concerns have been raised at the lack of standards and regulations which has allowed too many experts to take up too much Court time with reports and evidence that either added little to the progress of the case in hand or indeed showed bias to whichever side has paid for their services. The Commission is urged that there be pre-trial case management to distil what expert evidence is needed. The Commission has said that legislation is needed to set out the duties of experts […]
TSBA Summer Garden Party
17 June, 2016 – Ashley Park House, Nenagh For tickets contact Jane Morris – 086 2187341 / firstname.lastname@example.org
Annual TSBA Team Building Weekend 2016
The annual Tipperary Solicitors Bar Association team building weekend for 2016 is proposed for Rome, Italy this September. Flights will consist of: 22nd September 2016 DUBLIN TO ROME Fri 16:00 – Fri 20:00 EI 406 25th September 2016 ROME TO DUBLIN Sun 20.45 – Sun 23:05 EI 407 Accommodation this year will be in the 4-star Domus Romana Hotel which has a convenient location in the centre of Rome City, capital of Italy, situated on the Via delle Quattro Fontane just off Via Nazionale. A restored 17th century convent, the Domus Romana Hotel has 47 inviting rooms and 19 spacious family apartments, retaining much of the rich architectural details and also has a pretty inner courtyard and fountain. The hotel offers a B&B service and a warm welcome to leisure and business visitors, providing good value accommodation and facilities while in Rome. With easy access to many attractions, chic shopping venues and stylish restaurants and bars, the 4-star Domus Romana Hotel is a terrific option to book into when in Rome. Getting to the hotel: Approximately 30-45 minutes journey from Rome Fiumicino Leonardo da Vinci Airport or Ciampino Airport. Local tips: The hotel is situated only minutes away from the exclusive Roman shopping areas of Via Condotti, […]
Law Society of Ireland www.lawsociety.ie Irish Statute Book www.irishstatutebook.ie Court Service www.courts.ie Citizens Information www.citizensinformation.ie North Tipperary County Council www.tipperarynorth.ie South Tipperary County Council www.southtippcoco.ie Limerick Chamber of Commerce www.limerickchamber.ie Limerick City Council www.limerick.ie Limerick County Council www.lcc.ie Clare County Council www.clarecoco.ie Non-Principal Private Residence www.nppr.ie The Property Registration Authority www.landregistry.ie The Revenue Commissioners www.revenue.ie Financial Regulator www.financialregulator.ie Financial Ombudsman www.financialombudsman.ie Ombudsman of Ireland www.ombudsman.gov.ie National Employment Rights Authority www.employmentrights.ie Department of Trade Enterprise and Innovation www.entemp.ie Employment Appeals Tribunal www.eatribunal.ie Labour Relations Commission www.lrc.ie Equality Authority www.equality.ie Equality Tribunal www.equalitytribunal.ie National Consumer Agency www.consumerconnect.ie Consumer Association www.consumerassociation.ie Injuries Board www.injuriesboard.ie The Private Residential Tenancies Board www.prtb.ie Money Advice and Budgeting Service www.mabs.ie An Garda Siochana www.garda.ie Refugee Information Service www.ris.ie Office of the Refugee Applications Commissioner www.orac.ie The Garda Representative Association www.gra.cc
Has the Accused any right to challenge the DDP’s Decision to Prosecute?
A somewhat unusual set of circumstances arose recently, which led me to ponder, what right an Accused has, to question the decision making of the DPP. In short, a 20 year old male was arrested for the investigation of an allegation of criminal damage. Whilst detained in the Garda Station, he managed, during the course of a cigarette break, to escape and was eventually apprehended, 2 days later. Arising out of the above, he received four charges, namely, one count of criminal damage, one count of escape from lawful custody, one count of possession of cannabis and one count of assaulting a Garda, causing harm. The matter appeared in the District Court list and was adjourned, so that the Gardaí could obtain the DPP’s directions. The directions came back, after approximately three weeks and the DPP was agreeable to all four charges, proceeding in the District Court, on a plea of guilty only. This created a concern for me. I believed that the DPP was incorrect in grouping the charges together, as a singular set of charges.. I considered that even though they allegedly occurred over a two day period, while the accused was on an apparent “spree”, they were […]
Updates for Conveyancing Law Practitioners
“Opting out” of full Building Control: Thank you to those who replied to my request for any examples of financial institutions looking unfavourably on houses being “opted out” of full building control. No one who replied had any examples of this happening, so the media outlet that reported this as a story would seem to be incorrect. However, if any member does come across “opted out” houses being treated as less desirable by financial institutions, I would be grateful if you would let me know. Easements by Prescription and Rights of Way of Necessity: It would seem that Solicitors are having difficulties in applying under the Section 49A procedure of the Land Registry Rules for registration of easements which arose by prescription. The Conveyancing Committee would like to discuss these difficulties with the Land Registry. It would be a great help In those discussions if the Committee had examples of where Solicitors have run into difficulty arising out of the Land Registry raising the question that a right claimed is a Right of Way of Necessity and therefore cannot avail of the Section 49A procedure. If you have run into any such difficulties would you be prepared […]
NEWS FLASH – LIST OF ESTATES IN CHARGE IN COUNTY TIPPERARY
An issue which often causes delays for conveyancing practitioners in the County is finding out of housing estates are in charge of the Local Authority. In an effort to assist, the Tipperary Solicitors Bar Association made a request to Tipperary County Council under the Freedom of Information Acts asking for a list of such estates for the county. The Committee is pleased to confirm that this request has been granted. Click on the Link Below, to see a copy of the FOI response letter dated 23rd February 2016 and a status list of these estates. Letter from Tipperary County Council confirming what estates are in charge
Drugs in your local District Court
While we all know it is an offence to be in possession of unlawful drugs, many people do not know how drugs offences are dealt with in the District Court. To begin with the District Court is your local court. It deals with minor or “summary” offences and most cases are dealt with on the basis of a guilty plea and in a matter of minutes. The majority of offences are dealt with by way of fines or in case of road traffic offences; you can be disqualified from driving. However, did you know that the District Judge also has the power to send you to jail for two years? This is often lost on many defendants who’ve been charged with drug offences. What are the Types of Drug Offences? There are three main categories of drug offences. 1. Possession of an unlawful drug such as cannabis or street tables like “Up-John 90’s”, speed or cocaine? 2. Possession of drugs for the purpose of sale or supply and, 3. The unlawful cultivation of drugs, usually cannabis. Most defendants are generally aware that simple possession of drugs, particularly cannabis, will only land you with a fine. Possession of cannabis or any […]
Can your Boss keep an eye on your Internet use?
On the 12th January 2016 in the case of Bărbulescu –v- Romania, the European Court of Human Rights “ECHR”) ruled that an employer in Romania did not breach the privacy rights of its employee when it monitored personal chats on a Yahoo Messenger account which he was required to use for work purposes. In this case Mr. Barbulescu was an engineer who used his work Yahoo Messenger account to send and receive personal messages. This was in breach of the terms of his contract of employment and as a result he was dismissed. Mr. Barbulescu challenged his dismissal in his own country and the Romanian Court upheld his dismissal and found in favour of his employer. He went on to challenge the decision to terminate his employment on the ground that there was a breach of his privacy which was protected by Article 8 of the European Convention on Human Rights. Article 8 is a right to respect for private and family life, the home and correspondence. The European Court of Human Rights held that Article 8 was relevant but that the Romanian Court was entitled to accept that the evidence in the case was sufficient to justify the employer […]
President of the Law Society at Horse & Jockey
Simon Murphy, President of the Law Society will be a guest speaker at the Horse & Jockey Hotel on Tuesday 23rd of February 2016. The CPD event entitled “The Legal Services Regulation Bill and other topical issues followed by a Q&A session” will take place from 7.00pm to 8.00pm with registration at 6.45pm. Ken Murphy – Director General of the Law Society – will also be a guest speaker. Details below: Venue: Horse & Jockey Hotel Date: Tuesday 23rd February 2016 Time: 7.00pm – 8.30pm Registration: 6.45pm 7pm to 8pm: Topic – The Legal Services Regulation Bill and other topical issues followed by a Q&A session Speakers: Simon Murphy – President of the Law Society Ken Murphy – Director General of the Law Society 8pm to 8.30pm: Topic – TSBA Website Presentation/Launch Speakers: John Lynch, Solicitor, Clonmel 8.30pm: Wine and Canapé Reception CPD Points: 1 hour regulation ½ hour management
Fathers out of the waiting room – Family Law Act
A long wait ended After a long wait, the 2015 Children and Family Relationships Act has come into operation. The Act is undoubtedly among the most significant changes in family legislation in Irish history and it is hoped that Ireland’s family law will now better reflect the realities of modern family life. The Minister for Justice and Equality, Frances Fitzgerald TD, signed an order to commence key provisions of the Act on guardianship, custody and access earlier this month meaning they are now in effect. Automatic Guardianship for Qualifying Fathers Grabbing headlines across various media outlets was the automatic recognition of guardianship for unmarried fathers, provided they have cohabited with the child’s mother for 12 months including three months following the child’s birth. It should be noted that this provision is not retrospective, so guardianship will only be acquired automatically where the parents live together, in a cohabiting relationship, for at least 12 months after the 18th of January 2016 (the actual date the commencement order for the act’s provision was signed). Catching up to society Family members other than the parents will also now enjoy greater rights. Following this commencement order a parent’s spouse, civil partner or cohabitant of not less […]
One Year Bankruptcy is Here
ONE YEAR BANKRUPTCY IS HERE One year bankruptcy is now a reality in Ireland after the Bankruptcy (Amendment) Act 2015 was brought into law just before the Dáil broke up for the election. The commencement order by Minister for Justice Frances Fitzgerald reduces the normal duration of bankruptcy from three years to one and creates a realistic option for people struggling with insurmountable debt to finally be rid of the phone call, letters and stress. Under the new legislation, the time people who are bankrupt have to make income payments towards their debts has also been reduced from five years to three. After that, a New Beginning awaits. Bankruptcy Basics Bankruptcy involves writing off of all debts. All your assets and liabilities are transferred to the High Court’s appointed official (the Official Assignee). He will try to sell your assets to satisfy your debts which become his responsibility not yours from that point onwards. Bankruptcy does not mean that you are left with nothing as any bankrupt party is entitled to keep what are called Reasonable Living Expenses, which are often greater than what those struggling to pay debts have been forced to live on for years. You continue to […]
Dunraven Arms Hotel – Tipperary Solicitors Bar Association Summer Event
Following on from the success of last year’s Tipperary Solicitors Bar Association summer event in the Dunraven Arms Hotel in Adare we have decided to return there this year. The night away will include 2 CPD lectures (2 CPD points per lecture). We are repeating the Costs lecture and are including a lecture on Practice Management Software in a Legal Office. You will have a certificate for 4 CPD points for the cost of dinner, B&B; an opportunity not to be missed. Partners/spouses are welcome to attend.
Personal Insolvency and Bankruptcy Seminars to be Held Nationwide for People Struggling with Mortgage Arrears and Debt
Lynch Solicitors are hosting a series of free “Personal Insolvency and Bankruptcy” seminars in Tipperary, Kilkenny, Portlaoise, Waterford, Cork and Limerick in June and July. The first seminar will take place next week in the Horse and Jockey Hotel, Thurles, Co. Tipperary on Tuesday, 18th June at 8.30pm followed by Hotel Kilkenny on Thursday, 20th June at 5.30pm. The seminars will then be held every Wednesday evening at 5.30pm in the Portlaoise Heritage Hotel on 26th June, the Tower Hotel Waterford on 3rd July, the Cork International Airport Hotel on 10th July with the last seminar of the series taking place in the Castletroy Park Hotel, Limerick, on 17th July. Speakers will include John M. Lynch, Principal at Lynch Solicitors, Andrea Gleasure, Solicitor at Lynch Solicitors, Gillian McCarthy, Accountant at Lynch Solicitors and Dr. Maeve Martin, Clinical Director, InForm Psychological Services. Those who attend the seminars will have the opportunity to learn about the Personal Insolvency Act 2012 and how it will work in practice in terms of relief options for those with mortgage arrears and other debt. The significant new measure under the Act to reduce the bankruptcy period from 12 years to 3 years (or in some cases 8 […]
Conveyancing: The Early Bird Catches the Worm!
With the limited finance available, those with the ability to buy are rare. If you are a seller you should make sure that you are able to attract buyers and secure a successful sale. We are finding that we are running into problems when buying or selling properties that could be prevented by a little bit of forward planning. It is absolutely critical that you are ready to send out a contract for the sale of your property as soon as you agree a sale with the buyer. As soon as you decide to sell your property it is vital that you consult with your Solicitor. We can help you in identifying any issues which may impact on the property’s potential for sale. We would also strongly advise that we meet with your selling agent at the outset to discuss any issues that they need to know about and visa versa. There are a few things that we have come across recently that Sellers need to be aware of that could slow down or lose a sale: Title Documents: Where are your title documents? If you have a mortgage the bank will hold the deeds. It takes precious time to […]
The Latest posts
Expert Witnesses could face Civil Action
Expert witnesses who give questionable evidence in Court could end up being sued for compensation under
TSBA Summer Garden Party
17 June, 2016 - Ashley Park House, Nenagh For tickets contact Jane Morris - 086 2187341 / info@tippsolicitors.
Annual TSBA Team Building Weekend 2016
The annual Tipperary Solicitors Bar Association team building weekend for 2016 is proposed for Rome, Italy th