Sunday Business Post-September 2012

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Personal Injury ClaimsPersonal injury claims in Ireland are handled by the Injuries Board, also known as the Personal Injuries Assessment Board. // The Personal Injuries Assessment board was set up to assess claims and in an attempt to reduce the costs of accident claims which had spiraled out of control. They are the first port of call if you have an accident claim and if you reject the assessment of your personal injuries then you will be issued with a letter of authorization from them which will allow you to pursue your claim through the courts. You can read more about the entire personal injuries procedure in the article below. Personal Injury Claims-The Accident claims procedure You do not need a personal injury lawyer to pursue your claim with the injuries board; however it is advised because in many situations you will do better if you reject the assessment by the Injuries Board and pursue your claim through the courts. Personal injury lawyers would be very familiar with the litigation of personal injury proceedings through the courts and the need to obtain updated medical reports, loss of earnings reports, actuarial reports etc. which will be critical to the success of your personal…
Property Law
- The Minimalist Guide to Property Purchases and SalesWe at Terry Gorry & Co. Solicitors provide a full, personal and professional service in property purchases and sales. When looking at houses for sale in Ireland or buying and/or selling any type of property, whether residential or commercial, it is important to ensure that the legalities are fully complied with. Ending up with a poor title to your property or a title that will be unacceptable to your lender will lead to significant and serious problems. Many people would consider buying or selling property to be similar to any other purchase but this is not the case and there are a range of issues that can crop up to create problems if the transaction is not carried out properly, regardless of whether you are buying or selling and regardless of whether the property is commercial or residential. Some important factors to be considered by your legal advisors include Planning Financing Family home legislation Acceptable title (good marketable title) Searches for judgments etc. Registration with Land Registry or Registry of Deeds Stamp duty and capital gains tax Contract for sale Completion of sale and any problems arising at closing or post completion These are the most important factors to be…
Employment LawEmployment law in Ireland affords significant rights to employees in the workplace. But many of those employment rights are under significant pressure and threat because of the difficult economic climate that employers find themselves in. // // Many employees are being put on short time/lay off, others find that their employers are seeking to amend their contract of employment by reducing wages and increasing the number of hours worked and some companies in receivership or liquidation are simply leaving their employees in the dark as to the employee’s rights in such situations. Irish employment law can be found in a huge range and body of legislation and can be difficult to understand or pin down. For example the Organization of Working Time act of 1997 sets out many of your leave entitlements and rest period rights, the Payment of Wages Act 1991 covers how you are to be paid and your entitlements about deductions etc., the Terms of Employment (Information) Act 1994 sets out the basic information that an employee is entitled to be given in writing about their contract of employment, the Unfair Dismissals act of 1993 covers what is considered to be an unfair dismissal, fair procedure and…
Small BusinessRunning a small business in Ireland, or anywhere for that matter, is difficult at the best of times. Clearly these are not the best of times. // // What you will find on http://BusinessAndLegal.ie is a lot of information (helpful I hope!) about many of the problems that afflict small business owners. My unique experience of 24 years (and counting) experience as a self employed small business owner, sole trader and company director give me a good insight into these problems. My training and experience as a legal professional also add to that experience and allows me to see things from both sides of the fence to a certain extent. The links below will take you to various sections of this site and cover a myriad of problems that are commonplace now. Problems like bankruptcy, debt collection, employment law, company formation, residential letting of property, property law, landlord and tenant law, intellectual property rights, copyright, trade marks, data protection, consumer rights, creating an online business, partnership law personal injury claims small business finance residential letting agreement template, looking at a small business for sale shareholders agreements and more. Business for sale Ireland Franchising-negotiating a franchise agreement Partnership Law in Ireland…
Debt and BankruptcyThe number of people facing significant debt problems and the looming spectre of bankruptcy is a cause of serious concern. // // What is of great concern for many is an ignorance of the procedure involved and the legal jargon which is used to attempt to extract money from creditors. At it’s lowest level the debt collection procedure will generally start with a 7 day letter of demand for the money owing followed up by a District Court Civil Summons or a High Court summary summons for larger sums. Ultimately the procedure will see the person or company owed the money attempting to register a judgment against the creditor. If successful this judgment order is passed on to the county sheriff for execution.Ultimately it is a possibility that the creditor will face bankruptcy proceedings. In this article and the articles below you can read about the bankruptcy procedure, the consequences of bankruptcy and other bankruptcy information surrounding the bankruptcy procedure in Ireland. Debt problems can have negative long term consequences and will lead to further difficulties in obtaining finance in the future because of a bad credit report. But whether you are trying to carry out a debt collection or…
Family LawFamily law is an area of law that has exploded in the last number of years with legislation such as the Family Law Act 1995, the Family Law Divorce Act 1996 and other critical pieces of legislation entering the statute books in the last two decades or so. // Family law solicitors have a huge area of issues to deal with on behalf of clients such as Nullity and void marriages Separation agreements Judicial separation and divorce Maintenance Pension adjustment orders and pensions generally in separation and divorce Ancillary orders and other reliefs to be pursued on divorce and judicial separation Domestic violence Child care law in Ireland Foreign divorce decrees Domestic violence The non marital family Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 which was signed into law in 2010 Child law including guardianship, access and custody The tax implications of marriages breaking up Adoption The non-marital family Child abduction Judicial separation and separation agreements Divorce law in Ireland The family home in Judicial Separation and divorce Legal Aid For Family Law In Ireland As can be seen from the above getting a good family law solicitor is critically important to a successful outcome in…
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Fatal injury actions-the basics
In certain circumstances where a person dies as a consequence of the wrongful act of another a fatal injury action can be pursued. There is statutory provision for this in Part IV of the Civil Liability Act 1961. This abolished the general common law rule that a person injured by the wrongful act of another… Read more: Fatal injury actions-the basics
International protection in Irish law
The key act when it comes to international protection from an Irish law perspective is the International Protection Act 2015. This act covers Section 34 of International Protection Act 2015 provides Examination of application 34. An international protection officer shall examine each application for international protection for the purpose of deciding whether to recommend, under… Read more: International protection in Irish law
First Registration of title in the Land Registry
There are two systems of registration in Ireland: Registry of Deeds Land registry First registration First registration means entering title to lands in the register of lands that have been unregistered up to that point. Registration is compulsory in the State now. If registration is not carried out, then title does not vest in the… Read more: First Registration of title in the Land Registry
Immigration to Ireland for business
A business visit visa permits you to work in Ireland for up to 14 days provided the purpose of your visit is to engage in business related activities. British nationals British nationals can travel freely to Ireland without the need for a visa. This is as a result of the CTA (Common Travel Area) between… Read more: Immigration to Ireland for business
Employment permits in Ireland-the essentials
The employment permit system in Ireland is administered by the Department of Enterprise, Trade and Employment (DETE). Immigration control, on the other hand, is supervised by the Department of Justice through the Immigration Service Delivery (ISD) body. Therefore, obtaining an employment permit does not automatically grant the right to enter the State but it would… Read more: Employment permits in Ireland-the essentials

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