News & Info

Central Bank publishes research on mortgage arrears and negative equity

On 18 November 2011 the Central Bank published new research on mortgage arrears and negative equity using data collected from AIB, Bank of Ireland, EBS and Irish Life & Permanent PLC as at the end of 2010.  The following statistics regarding mortgage arrears and negative equity were amongst the key findings:

• Approximately one-in-four owner-occupier borrowers have more than one loan secured against their property.
• Two-thirds of owner-occupier mortgaged households have an outstanding debt of less than €200,000. Another 30% have debts of between €200,000 and €500,000 and the remainder, less than 4%, have an outstanding debt over €500,000.
• Using the CSO’s September 2011 house prices index, it is estimated that 34% of owner-occupier households with mortgages in the four institutions are in negative equity. The bulk of these took out loans between 2005 and 2008, with 51% of these borrowers in negative equity.

The Central Bank also published separate data on the same date on mortgage arrears, restructures and repossessions for the period ended September 2011.  The data shows that 8.1% of private residential mortgage accounts are in arrears for more than 90 days which is an increase from the June 2011 figure of 7.2%.

The Central Bank figures also record that there was a total of 69,735 residential mortgage accounts categorised as restructured at the end of September 2011 compared with a figure of 66,732 at the end of June 2011.

In relation to repossessions, the Central Bank data records that during the quarter ended September 2011, mortgage lenders applied to Court to commence proceedings to enforce the debt/security on a mortgage in 89 cases comprising arrears totaling €5.3 million built up on loans equating to €27.2 million. The data compiled shows that of the 125 court proceedings concluded during this quarter, orders for possession and sale were granted in 76 cases.

The data further records that 162 properties were taken into possession by lenders during the quarter. A breakdown of the data shows that 43 were repossessed on foot of Court Orders and 119 following voluntary surrender or abandonment. These figures are down on the figures for the quarter ended June 2011 when there were 173 repossessions.

Master of the High Court criticises Fast track Judgement Procedures

In a detailed judgement delivered on the 16th of November 2011, the Master of the High Court Edmond Honohan said that he believes that current fast track judgement procedures breach the right to fair trial provisions of the European Convention of Human Rights Act 2003.

The current test which involves the Court deciding whether it is “very clear” that the Defendant has no arguable case was criticised by the Master of the High Court Edmond Honohan who suggested that there should be an alternative new test derived from Human Rights principals where by the Court must be satisfied that the case can be fairly decided without evidentiary hearing. He considers that the current fast track procedure jeopardises defendants’ right to a fair hearing. He stated “this is not a price worth paying just to achieve good productivity figures for the Courts Service”.  He considers that only an evidentiary hearing would be fair and he suggests that the High Court should assess all such cases even when defendants were ignorant of the relevant case law.

Decision of High Court overturning Ruling of the Financial Services Ombudsman

On the 16th of November 2011, the High Court overturned a Ruling of the Financial Services Ombudsman requiring Irish Life & Permanent trading as Permanent TSB  to allow a couple to revert to a tracker mortgage.

The case concerned a couple who took out a 35 year mortgage for €395,000 with Irish Life & Permanent trading as Permanent TSB in 2007 with the interest rate fixed for the first three years after which the rate would revert to a tracker rate following ECB rates. The couple changed from their fixed rate to a variable rate in January 2009 and claimed that the consequences of switching were not clearly explained to them. The Ombudsman upheld the couple’s complaint and Irish Life and Permanent trading as Permanent TSB challenged the Ombudsman’s decision in the High Court. The Ombudsman had found that the Lender should have made clear in writing to the couple that they would lose their right to a tracker mortgage if they opted out of their fixed rate term early. Overturning the decision of the Financial Services Ombudsman, Mr Justice Michael White found that the Ombudsman had made serious and significant errors including a failure to address the conflict of evidence between the couple and the Lender as to what was said by it to them concerning switching from the tracker rate. He also found that the Ombudsman had incorrectly ruled that there is a fiduciary relationship between the Lender and the couple. He further found that in assessing the complaint the Ombudsman ought to have applied the provisions of the 2006 Consumer Protection Code, the Lenders obligations under its own rules and regulations and codes of conduct as well as general consumer law.

New Consumer Protection Code - published by Central Bank

New Consumer Protection Code

Published by Central Bank

The Central Bank published a revised Consumer Protection Code on 19 October 2011 which will come into effect from the beginning of next year. The Code will apply to all regulated entities including Banks, Insurance Companies and Investment Companies as well as Intermediaries. The Code prescribes how such institutions are required to deal with customers in arrears on a range of loans including personal loans, credit card borrowings and buy to let mortgages. These include restrictions on the frequency of contacting customers in arrears and in particular it limits lenders from making unsolicited contact with consumers in arrears on more than three occasions in any one month.

The Code will also provide for changes in advertising rules including that risks associated with Financial products should be outlined and that information on charges, commission and remuneration arrangements as well as information about the product or service should be provided to Consumers before, during and after the sales process.

In addition the Code introduces a process called “knowing the Consumer” which is designed to assist Financial Institutions in assessing the suitability of a product or service for a particular Consumer by setting out what information must be gathered when considering a product or service.

The Code also requires Financial Institutions to have regard to vulnerable Consumers and provide that a Consumer may be vulnerable due to a visual or hearing impairment or lack of financial knowledge, experience or capability. The Code provides that additional assistance must be provided to such Consumers.

The Code provides for time frames, for Financial Institutions to which the Code applies, to resolve errors effecting Consumers and furthermore provides that records of complaints and errors must be maintained. The Code further requires that these records must be analysed regularly by the Institutions in question to identify patterns arising which are to the detriment of Consumers.

Importantly the Code also provides changes to practises with regard to mortgage lending and in particular has banned the acceptance of self-certified declarations of income which is aimed at promoting more responsible mortgage lending.  Furthermore the Code also provides for stricter requirements with regard to affordability testing.

Reform of Bankruptcy Legislation

Significant reforms in the law of bankruptcy are taking place with major further reforms expected following the commencement of the provisions in the Civil Law (Miscellaneous Provisions) Act 2011 dealing with bankruptcy on 11 October 2011 and the publication today of the report of an Inter-Departmental Mortgage Arrears Working Group chaired by Declan Keane.

The new provisions in the Civil Law (Miscellaneous Provisions) Act 2011 amend the Bankruptcy Act 1988 to allow for application for a reduction in the discharge period from bankruptcy from 12 years to 5 years and provide for automatic discharge of bankruptcies existing for 12 years or more.

Sean O’Riordan, Partner in FitzGerald Solicitors states that this is just the first step in the reform of Ireland’s personal insolvency laws.  He notes that reform of bankruptcy legislation is among the key recommendations in the Keane Report, published today, in which it is described as a “central catalyst to the resolution of the mortgage arrears problem”.  Amongst the suggestions put forward in the Report is the introduction of new non-judicial debt settlement arrangements.

Further legislation reforming the personal bankruptcy regime in Ireland, which was mandated by the EC, ECB and IMF Memorandum of Understanding entered into under the EU/IMF Programme of Financial Support for Ireland, is planned for the first quarter of 2012.

Start Mortgages Ltd & Ors v Gunn & Ors [2011] IEHC 275

Start Mortgages Ltd & Ors v Gunn & Ors [2011] IEHC 275

Tom Kavanagh and Fergus Lowe v Jeremiah Lynch and St.Angela’s  Student Residences Ltd, unapproved judgment of Laffoy J,  31 August 2011

Due to the current economic downturn there has been a large increase in the number of Irish borrowers defaulting on mortgage and loan repayments.  As a consequence of this default there has been a parallel increase in the number of repossessions by Irish Banks.  In the majority of repossessions the Bank will appoint a Receiver to take control and manage the secured property and ultimately sell the property.  Due to recent case law there is a lot of uncertainty concerning the rights of Banks to appoint Receivers and the rights of Receivers to take possession of properties and sell these properties as mortgagees in possession.  The most recent case which concerns these rights was the decision of Dunne J, delivered on 25 July 2011 in the High Court case of Start Mortgages Ltd & Ors v Gunn & Ors, the ramifications of this case were slightly curtailed by the judgment of Laffoy J delivered on 31 August 2011 in the High Court case of Kavanagh & Ors v Lynch & Ors.

In the Start Mortgages case an issue arose in numerous cases as to s62(7) of the Registration of Title Act 1964 (‘1964 Act’) and its subsequent repeal by virtue of the Land and Conveyancing Law Reform Act 2009 (‘2009 Act’)  and Dunne J felt it convenient for one judgment to be issued.

Section 62(7) of the 1964 Act states that when repayment of the principal sum secured by a charge has become due, the registered owner of the charge may apply to the court in a summary manner for possession in respect of registered land and if the court thinks proper, may order possession in favour of the applicant.  Dunne J had to rule on the implications of the repeal of s62(7) of the 1964 Act due to s8 of the 2009 Act, which came into force on 1 December 2009.

The Plaintiffs claimed that the mortgage, registration, default and demand were all prior to December 2009.  They relied on s27(2) of the Interpretation Act 2005 (‘2005 Act’) saying the right to take possession was a right acquired prior to December 2009.

The Defendants claimed that s62 of the 1964 Act could not be relied on as it was repealed.  They claimed that the right under s62 was at the discretion of the court so there was neither an acquired or accrued right to possession on behalf of the plaintiffs.

The Plaintiffs argued that there does not need to be a demand before the mortgagee has a right to possession.  The Plaintiffs submitted the right to issue proceedings is acquired once the charge is registered.  The plaintiffs further argued that after the date of registration the holder of the charge has done all that must be done to acquire an order of possession. The fact that the right to apply for an order of possession cannot be exercised until a default causes the principal monies to become due is of no significance.  The Plaintiffs were of the view that the right may or may not have to be exercised but exists from the date of the charge.

In her judgment Dunne J was not in dispute that until such time as the charge is registered, the lender has no interest in the land.Dunne J confirmed that the issue to be ascertained was following the repeal of s67 of the 1964 Act by the 2009 Act whether any provision of s62 of the 1964 Act is saved by the provisions of s27 of the 2005 Act.  The Plaintiffs relied on the meaning of the words ‘right’, ‘acquired’ and ‘accrued’ in s27 of the 2005 Act.

Dunne J confirmed that the right for a court to order possession is limited.  Dunne J said if the right in issue has become vested by the date of repeal then the right is one that can be enforced notwithstanding the repel of section 62 of the 1964 Act.  Dunne J confirmed that the right to apply for an order of possession is a right and not a mere hope or expectation and is saved by s27 of the 2005 Act.

Dunne J disagreed with the plaintiff’s argument that the right to apply for an order of possession is acquired or accrued on the date of registration.  Dunne J held that an application for an order of possession can only occur when monies secured by the charge have become due. Repayment of the principal monies secured did not become due until such time as demand for repayment of same was made.

Dunne J was of the view that:

•a lender does not have an acquired right to apply for an order under s62 of the 1964 Act unless and until the principal monies have become due and that only occurs after demand has been made.

•if the principal monies have become due following a demand issued before 1 December 2009 then there is no bar to the lender bringing proceedings to recover possession of the lands secured by the charge notwithstanding that s67 has been repealed.

In the facts of the Start Mortgages case there was default and demand before 1 December 2009 so Dunne J held that the lender can continue the proceedings as if s62 of the 1964 Act was not repealed or initiate proceedings as if s62 of the 1964 Act was not repealed.

As a result of the Start Mortgages decision it can be concluded that:

•Proceedings commenced prior to December 2009 can be continued.

•Proceedings can be instituted after December 2009 under s62(7) of the 1964 Act provided that the lender acquired the right to apply for an order prior to December 2009 i.e. default and demand before December 2009.

•No right acquired to apply for possession if monies secured by mortgage are not due.

•Monies do not become due until default and demand have both occurred.

Dunne J held that the repeal of s62 of the 1964 Act could have unintended consequences but that it was not judiciary’s role to fill in gaps created by legislation. Dunne J recognised the resultant lacuna whereby those lenders with mortgages created before 1st December 2009, who at the date the 2009 Act came into effect did not have the right to apply for an order of possession pursuant to s62(7) of the 1964 Act because default had not yet occurred, cannot rely on the provisions of the 2009 Act because the 2009 Act only applies to mortgages created after 1 December 2009.

The majority of Irish financial institutions have granted mortgages which predate the enforcement of the 2009 Act and therefore as a result of this decision these lenders will not be able to apply for an order of possession for the majority of their mortgages until new legislation is enacted to resolve this lacuna.

As a result of the Start Mortgages decision there was uncertainty concerning the right of a mortgagee to appoint a Receiver and the right of a Receiver to sell property in possession.  There was uncertainty as to whether this right needed to be an express contractual right contained in the mortgage.  The question was asked that if the mortgage only referred to the mortgagee having the statutory right to appoint a Receiver under the Conveyancing Act 1881 (‘1881 Act’) then could the mortgagee rely on these statutory rights due to certain provisions of the 1881 Act having been repealed by the 2009 Act.

This position has been somewhat clarified by the recent judgment of Laffoy J Kavanagh & Ors v Lynch & Ors, where it was held that if the mortgage specifically states that the lender has a contractual right to appoint a Receiver and the Receiver has a contractual power to sell the secured property then the ability of the Receiver to dispose of properties remains notwithstanding that the statutory provisions on which these rights were created have been repealed.

Justice Laffoy held that the ascertainment of rights of the mortgagee is a matter of construction of the wording of the mortgage/security documentation and the repeal of certain sections of the 1881 Act does not impact on the ability of the parties to enforce these rights.

DOWN ON THE FARM - Article reprinted in IAVI Summer 2009 publication

CLICK HERE FOR FULL ARTICLE

Crouching tiger, hidden dragon: how to unlock the assets in family law ancillary relief cases - article by Ann FitzGerald, Family Law Partner, from Irish Journal of Family Law [2009]

Click here for article

Gazette Article - Financial Disclosure in Family Law Matters - April 2009

Click here for article

Attention owners of residential investment properties

Information for Owners Residential Property Owners - click here

PRESS RELEASE - The Kids' Turn way - putting children at the centre of Irish families

3/2/2009

Press Release

The Kids’ Turn way - putting children at the centre of Irish families

2 March 2009 – This summer Kids’ Turn Ireland will launch in Cork. Co-founder and practicing family law solicitor, Noel Doherty, sets the tone “Today in Ireland up to one in three families break down. Census 2006 found that divorce is the fastest-growing marital status in Ireland, up 70% in four years. The courts are ill equipped to hear the voice of children in family breakdown cases and parents, caught up in conflict, are unable to see the long-term damage to their children”

Noel together with psychologist Michael Van Aswegen and a group of family law solicitors, mediators, psychologists and guardians ad litem, are determined to provide a voice for children by bringing an American child-centered programme called Kids’ Turn to Ireland. Kids’ Turn is the only dedicated provider of a comprehensive programme for children and family members who are affected by family separation. Kids’ Turn helps children navigate through the difficult emotions associated with family reconfiguration and teaches family members support skills for affected children.

Noel continues ‘we have franchised the programme from San Francisco and have set up a steering group of 10 highly qualified family practitioners. All our systems are in place and we have plans to launch a pilot programme in Cork before the summer. The programme will involve workshops, led by experts in family breakdown. These workshops provide a safe place where children and parents can learn new skills in parenting, communication and problem solving to help cope with the changes in their families. Kids’ Turn is an educational initiative and is not a therapeutic programme.

Noel concludes "In these uncertain times, we are going to see an increase in the level of stress on parents. Employing the Kids’ Turn way puts children at the centre of family healing and resolution and takes them out of the middle of parental struggles. We will all benefit from the positive social impact that this preventative work with children and their families provides.”

Kids’ Turn is a not-for-profit organisation. Workshops are free to children but parents are charged depending on their ability to pay. Sourcing funding will be fundamental to the success of the project.

Full page article as appeared in the Irish Examiner on Friday 20 February 2009 - Click here to download PDF.

About Kids’ Turn

Kids’ Turn is the only organization where the entire family participates in a comprehensive program that helps children develop essential coping skills and gives adults the critical parenting skills they need to support their children through family reconfiguration.   Children often find themselves caught in the middle of parental disputes. The effects of parental separation and childhood difficulties (e.g. obesity, developmental academic social, career psychological problems, etc.) are well proven. Kids’ Turn takes children out of the middle of parental struggles and puts them at the centre of family healing and resolution through a curriculum that teaches children a variety of coping skills and provides parents with appropriate parenting and conflict reduction skills.

About Noel

Noel Doherty qualified as a solicitor 1995 having worked as a secondary school teacher and in various management capacities in industry for a number of years.  Noel specialises in Family Law, Child Law and Labour Law and has an extensive District, Circuit and High Court portfolio of clients.  Noel has been appointed by the District, Circuit or High Court to act for Guardians ad Litem for troubled children detained in secure facilities and children subject to Care Orders under the Childcare Act.

He is a founder member of the Association of Collaborative Practitioners and is instrumental in bringing this new model of alternative dispute resolution to Ireland.   Noel now has a thriving Collaborative Law practice providing ADR to clients who wish to avoid the litigious court system.

Noel is the former Chairperson of the Cork Anti-Poverty Resource Network and has very strong links with community work in the Cork Area. He is also former Chairperson of the Cork Family Lawyers Association and is currently an active member of the association.

For more information contact:

Noel Doherty        T: 021 4279800 E: noeldoherty@fitzsols.com

Mary Murphy        T: 021 4279800 E: marymurphy@fitzsols.com

Pamphlet prepared by FitzGerald Solicitors "ISSUES FOR OLDER CLIENTS - The Issues and the Remedies"

Please click here

Sunday Independent Article
18th January 2009

Post-Celtic Tiger families are feeling the financial strain of the slowdown, reports Maeve Sheehan.

Read the full article here which includes a contribution from Ann FitzGerald, Family Law Partner with FitzGerald Solicitors

Measuring the ''''size of the pot'''' in a falling market>

12/8/2008

A panel of legal experts discussed family law cases post 'Celtic Tiger Ireland' at the recent *Round Hall Family Law Conference (*Round Hall is part of Thomson Reuters). Records show that the downturn in our economy has given rise to higher numbers of such cases. With assets diminishing and debt mounting, how to determine what constitutes 'proper provision' and allowing for same is under scrutiny.

According to Family Law expert Ann FitzGerald, 'Valuation of assets, most commonly property and interests in companies, is a crucial part of the dispute between parties. To date, a large amount of Court time can be taken up in hearing evidence form respective valuers and accountants.' She continued 'Difficult challenges now arise in dealing with valuations in a falling market where nothing is easily valued and no property easily sold.'

As values drop, many cases will now be about the allocation of debt not equity and about who will bear the burden of such debt. FitzGerald forecasts that 'extremely difficult intractable disputes will become even worse and more frequent as credit dries up and bankruptcy looms.'

With existing cases, values are ascertained at the date of trial. The new Case Progression Rules at Circuit Court level introduced as of October 1st 2008 will allow for issues to be identified and narrowed down at an early stage, pre-trial. FitzGerald concludes 'These developments are most welcome by me and my fellow practitioners. The hope is that this new Case Management provision will help to reduce delays in compliance with disclosure requests and clarify issues in dispute around valuations. This may lead to a better use of precious Court time and reduce expense for the client'.

Mr. Justice Garrett Sheehan chaired the Conference which was attended by High Court judges, senior barristers and members of the legal profession. Other speakers at the conference included Gerard Durcan SC, Gerard Ryan, Mason Hayes + Curran, Cormac Corrigan SC and Conor Power BL.

Gerry Durcan SC delivered a presentation on Divorce and Judicial Separation and Recent Developments in The Superior Courts in light of the market downturn. Gerard Ryan presented a paper on the use of Shareholders Agreements in Family Law cases. Cormac Corrigan dealt with recent developments in Child Law and Brussels II. Conor Power discussed assisted reproduction cases and civil partnership.

Accountants help to find hidden wealth

BY CAROL COULTER

Irish Times - Mon, Dec 08, 2008

FORENSIC ACCOUNTANTS are often needed in family law proceedings where wealthy parties, usually the husbands, seek to hide the true extent of their wealth from their wives, Cork solicitor Ann FitzGerald told the Round Hall family law conference.

"Accounts do not always give an accurate picture of a company or of its financial well-being at the time it is being examined in court during family law proceedings", she said.

The accounts do not show the strategy of the business, its expansion plans and future prospects. Sometimes attempts are made to manipulate the accounts, and sometimes the holder of the major assets of the marriage (usually, though not necessarily, the husband) deliberately seek to conceal their wealth.

The assistance of forensic accountants was required in such situations.

She stressed that this would rarely arise in a case involving two PAYE workers owning one family home, but it did arise in cases where there were multiple businesses, limited companies or partnerships, a number of investment properties and where the husband may be self-employed with several sources of income.

Ms FitzGerald said some husbands may undertake an exercise of setting up a "parallel" trading company, owned by a third party but in all practicality run by the husband which takes over a large percentage of the trade of the original company.

The Master of the High Court had ruled that in seeking discovery of all documents, there could be no "fishing", but often the client was a good source of information about possible deceit.

She said in one case the wife spotted that her credit card had been paid for by a bank account of the husband which he had not disclosed.

Gerard Ryan, of Mason Hayes and Curran solicitors, told the conference that the impact of a divorce or separation may be felt even more sharply where there were third parties in a company.

"If you are a shareholder in a company, do you want your co-shareholder's disaffected spouse to be entitled to shares in the company?" he asked.

"If not, appropriate legal frameworks would need to be put in place", Mr Ryan said.

These can include providing for an automatic transfer of shares to the other shareholders, at market value, in the event that the shareholder gets divorced or legally separated.

© 2008 The Irish Times

Press Release - 15 September 2008

9/15/2008

Press Release

FitzGerald Solicitors announces new Managing Partner

15 September 2008 - FitzGerald Solicitors is pleased to announce the appointment of Sean O'Riordan as Managing Partner.  Sean assumes the role from Philip O'Leary who held the position for over 10 years.

Commenting on his appointment, Sean said, 'Together with my partners, we have built a strong and client-focused practice. In an increasingly competitive marketplace, progressive businesses require like-minded advisors. FitzGerald Solicitors is a forward-thinking law firm that has diversified to meet changing demands and market forces'.

He continued, 'We have a dedicated team of highly professional staff located in the centre of Cork's Dockland Redevelopment in a state-of-the-art office that forms an integral part of the changing landscape.  I look forward with great enthusiasm to leading the firm through more challenging times.'

In 1988 Sean was a founding partner of Burke O'Riordan Solicitors and subsequently set up his own practice, Sean O'Riordan Solicitors, in 2001. He joined forces with FitzGerald O'Leary Cogan in 2005 to form FitzGerald Solicitors.

Breaking up is hard to do

Read the full article by Ann FitzGerald as published in the Law Society Gazette

Children in Care in Ireland

A Prime Time Investigates programme on Children in Care was aired by RTÉ on Monday 12th May 2008 and the subject was discussed extensively in the Dail and in the media in the aftermath of the programme.

The programme reported on the frustrations of caring for children with the services being provided for the children in their care.  Foster parents complained that no one would listen to them when the HSE did not provide appropriate services for children in their care.

Noel Doherty, Partner with FitzGerald Solicitors made some interesting comments about the findings in the report.

Noel observed that ‘When a child is in the care of the HSE, any person, and this includes foster parents or other concerned individuals, may make an application to request the District Court to give directions or make an order on any question affecting the welfare of the child.  The District Court will act on what it thinks proper and it may vary or discharge any such direction or order.    The court must regard the welfare of the child as the first and paramount consideration and is required in so far as is practicable, to give due consideration to the wishes of the child having regard to the child’s age and understanding.”

He continued ‘Foster parents, carers and other individuals concerned about the plight of a particular child in care have a right of audience before the District Court to request that directions or orders be made.  The HSE will have to report to the District Court and explain to the Court why appropriate provision has not been made.  It will then be up to the District Court to decide what orders are appropriate within its jurisdiction.’

Finally, Noel Doherty concluded ‘Historically in Ireland we have not properly cared or protected the children in the care of the State.   The role of the Court in ensuring that the Statutory Authorities perform their duties is extremely important and should not be underestimated.’

Noel practices in Family Law and Child Law and has an extensive District, Circuit and High Court experience.  Noel has been appointed by the Courts to act for Guardians ad Litem for troubled children detained in secure facilities and children subject to Care Orders under the Childcare Act.

Contact:

Noel Doherty

Email: noeldoherty@fitzsols.com

Tel: 021 4279800

FitzGerald Solicitors at the European Collaborative Law Conference

FitzGerald Solicitors was a major sponsor of the hugely successful European Collaborative Law Conference which was recently held in the Sheraton Hotel, Fota Island in Cork.  Two hundred delegates attended the Cork Conference rom sixteen jurisdictions.

Patricia Mallon from the Association of Collaborative Practitioners pictured at the European Collaborative Law Conference with Noel Doherty, Partner with FitzGerald Solicitors.

Stu Webb, the founder of the Collaborative movement from Minnesota, U.S.A and Ronald Dusky the IACP President, attended the conference. Many of the most prominent Collaborative lawyers from the United States, Canada, Australia and the United Kingdom were also present. The President of Ireland Mary McAleese, the Solicitor General Paul Gallagher SC and the Minister for Justice Brian Lenihan all addressed the conference and supported the use of Collaborative Law as a means of dispute resolution in Family Law cases and in other areas of dispute. The Solicitor General stated that “there is much more to law than inveterate advocacy and while the adversarial system undoubtedly has its place in our legal system we must mature in our ideas of what law is about. We must ensure the relationship between law and society and the relationship between law and human experience is considered”

Helen Collins, Eamon Carroll, Noel Doherty, Anne O'Neil, Patricia Mallon, President Mary McAleese, Dr Martin McAleese, Rachel Murphy, Audrey Byrne, Mary Dorgan, Deirdre O'Riordain and Lillian O'Sullivan at the 2nd European Collaborative Practice Conference held at the Fota Sheaton Hotel, Co. Cork

Collaborative Practice is a non-adversarial process in which parties in dispute can resolve their differences respectfully without going to Court. The process focuses on settlement and helps the parties to go from dispute to resolution efficiently with as little financial and emotional damage as possible, while securing an agreement that addresses their common and individual interests. The parties and their lawyers agree to sign a Participation Agreement.  This document helps them to shape the outcome of discussions that take place at joint meetings. The clients and the lawyers agree in advance that they will not take any contested issue to Court, therefore everyone can focus on settlement without threats or distractions and provide a safe space in which the parties can negotiate. Agreements are made through a process of interest-based negotiation. Each party looks at their needs rather than adopting a pre-determined position. The parties retain control over the solutions and do not hand their dispute over to third parties for resolution. Collaborative practice is for those who wish to move forward in a positive way and avoid an adversarial process.  FitzGerald Solicitors has a strong commitment to providing Collaborative services to its clients.

Noel Doherty of the Association of Collaborative Practitioners speaking at the European Law Conference at the Fota Sheaton Hotel, Co Cork

For more information contact:
Noel Doherty
T: 353 21 4279800
E: noeldoherty@fitzsols.com

SEMINAR : Doing the right thing. Protecting your family's wealth.

Experts give tips over breakfast on how to protect the family’s wealth

At a recent gathering of Cork family business owners, experts from Crowleys DFK and FitzGerald Solicitors hosted an event with a unique and fresh approach to the traditional breakfast seminar.

Speakers from both firms presented a case study based on a typical family business, a fictional company with four shareholders.  During the one-hour session, they analysed the individual circumstances of each shareholder and their impact on protecting the family’s wealth.

Chairperson for the event and Tax Partner of Crowleys DFK Edward Murphy said ‘We are very aware that the family business owner is time poor but hungry for efficient, pragmatic professional advice.  Both firms were keen to offer something different to clients.  We chose to do this by developing a complete package of legal and tax advice, presented in a way that was relevant to all owner-types from the majority to the minority shareholder.’

Ann FitzGerald, speaker and Family Law Partner in FitzGerald Solicitors said ‘Family businesses must seriously consider how they protect the family’s wealth from unforeseen complications that arise in the personal lives of its shareholders.  From our experience, there is an increase in demand for very specific Family Law advice and how it ties in with the overall corporate objectives of the business.  The event was an excellent platform to highlight these issues in partnership with the tax implications’

The event was held in the Clarion Hotel, Lapp’s Quay, neighbour to both firms that are located in state-of-the art offices in the redeveloping docklands area.

Download the handbook of the seminar here.