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When a Bank inserts a pre-condition to the drawdown of funds, then it should ensure that same is complied with, or else it may face a challenge as was faced by ACC Bank in the case of ACC Loan Management Limited –v- Gerard Sheehan [2006] IECA343/87/2016. Background The circumstances of the case are that [...]
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This case refers to Section 74(3) of the Land and Conveyancing Law Reform Act 2009 which states that “any conveyance of property made with the intention of defrauding a creditor or other person is voidable by any person thereby prejudiced”. This case arose from an appeal from the Dublin Circuit Court to the High Court. [...]
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Sean O’Riordan, Litigation Partner at FitzGerald Solicitors discusses Statute of Limitation issues in personal injury actions and the Personal Injuries Assessment Board (PIAB) process on 96FM Opinion Line on the 22nd of September 2016. Check out Sean’s advice on the below link which begins at 1:56:26.
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As everyone is aware in February 2013 the Irish Bank Resolution Act 2013 was enacted and a Special Liquidation Order was signed by the Minister for Finance placing IBRC ( a merger of Anglo Irish Bank and Irish Nationwide Building Society) into Special Liquidation. The Special Liquidators of IBRC then had the monumental task of [...]
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03 Feb '16
Conduit/BT, operators of Irelands Emergency Call Answering Service (ECAS) have introduced a new ‘Toilet Break Policy’ which seeks to monitor 999 operators visits to the bathroom. In essence, operators will now have to ask for management permission to use the toilet. That wonderful old Irish euphemism “An bhfuil cead agam dul amach” comes to mind. [...]
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In a case before the European Court of Human Rights (ECHR) in Strasbourg, judges ruled that a company may read an employee’s messages transmitted on Yahoo Messenger while he was at work. The ruling said the man, an engineer in Romania, had breached company policy and his employer had a right to monitor his [...]
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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 [...]
