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The Minister for Justice signed a Statutory Instrument on the 18th January 2016 commencing certain provisions of The Children and Family Relationships Act 2015. This Act radically overhauls the existing Guardianship of Infants Act which is the underpinning legislation in bringing applications before the District Court seeking access, custody and guardianship. This legislation [...]
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A short article on Christmas access by Annette Sheehan, FitzGerald Solicitors published in the Journal.ie on Saturday 19th December 2015. http://www.thejournal.ie/readme/separated-parents-what-to-do-with-kids-at-christmas-2489666-Dec2015/
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The break-up of a marriage may have devastating consequences for all parties both emotionally and financially. The Irish Courts have a constitutional obligation to ensure that “proper provision” is made for both spouses and any dependent children. Judges have wide discretion and can make any orders that the Court feels appropriate in order to ensure [...]
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Compliance with data protection regulation has far reaching and profound consequences; from questions of evidential admissibility arising in recent criminal and civil trials to the controversy in respect of the retention of Primary school children’s data; from Edward Snowdon to Cloud computing. In today’s data driven world every organisation, company and individual involved in [...]
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17 Feb '15
Time waits for no man and certainly that is the case for victims of accidents in their endeavours to recover compensation for personal injuries arising from Road Traffic Accidents, Work Accidents and Public Liability Claims.* The Injuries Board has long been touted (mainly by the Injuries Board) as a simple method of dealing [...]
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27 Nov '14
The urgent need for legislation governing periodic payments in personal injury cases was highlighted recently in the High Court in the case of an eight-year-old boy who is suffering brain damage from birth. This case was before the High Court two years ago when an interim payment of €1.4 million was made in anticipation [...]
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The Government announced details of the Symphysiotomy compensation scheme on the 6th November, 2014. Judge Maureen Harding Clarke has been appointed as Independent Assessor to the scheme which was announced on the 1st of July, 2014 for women who underwent surgical symphysiotomy or pubiotomy. Judge Clarke stated that the vast majority of [...]
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20 Aug '14
The procedure known as Symphysiotomy involved the slicing of the pubic bone in order to widen the birth canal in childbirth. The procedure was carried out in Ireland from the mid-1940s up until the mid-1980s. On the 26th of November 2013, approval was given by the Government to the then Minister for Health, Dr [...]
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In Circuit Court and District Court cases one party can seek a general order for discovery from the other party by requesting that they discover all documents relevant to the issues in dispute and the onus is on the party disclosing the documents to list and furnish all documents that they consider relevant to the [...]
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Res Judicata is a long established rule in law that you cannot take the same situation, arising from the same set of facts, and litigate it more than once. The principle was established in a case from 1834 known as Henderson v. Henderson. In modern times, an order from the court, restricting the ability of [...]
