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Articles

The Legal Side of Buying or Selling a House

THE LEGAL SIDE OF BUYING OR SELLING A HOUSE

WHAT IS CONVEYANCING?

Conveyancing is the legal process involved in buying, selling, leasing, mortgaging or re-mortgaging a property.

It involves transactions with Auctioneers, Builders, Banks and Insurance Companies, and there are important legal steps to take along the way.

Most purchasers choose to instruct a conveyancing solicitor to carry out the conveyancing process for them. Conveyancing Solicitors specialise in property transactions and thus are experts in their field.   It is impossible to buy or sell a property in Ireland without a Solicitor.

If you are purchasing or selling a property, it is important to know the steps involved in a conveyancing transaction, budget for your costs and outlay including stamp duty and registration fees.

The following is a simple guide to the steps involved….

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Medical Appointments in Personal Injuries Claims

This article is about medical appointments for the purpose of medico-legal reports.  These appointments will involve attending your doctor or another medical expert who will then write a medical report for your Solicitor or for another.  The purpose of the consultation is to assist them in preparing their report.  Generally speaking, there are three different types of medical appointments that you will attend that will generate medical reports for personal injury claims.

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Bullying at work

How to deal with bullying at work

The first thing to say is that bullying at work is a common situation.  The fact that you are being subjected to bullying is not a reflection on you. It is a reflection on the bully and the organisation that has facilitated it.

Sometimes employers can be very lax when dealing with the perpetrator. This is because they are afraid of repercussions from the bully who often has a more forceful personality and a more senior position. For whatever reason, bullies often do well in business. If the bully is important to the employer or holds a more important or senior role, the employer will sometimes seem to side with the bully over the victim. The very first step is therefore to arm yourself. Keep a diary of the incidents and gather supporting evidence. Keep updating your diary and tracking what is happening. With your detailed diary entry of incidents and how the employer is dealing with them you will be better armed.

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Why no foal no fee Works in Personal Injuries cases

No foal no fee means that if you do not get a genuine offer or award, that you do not pay the Solicitor’s professional fee in a personal injuries case where this agreement has been reached.  Most solicitors offering this have barristers who work on the same basis.  Often engineers will also operate on the same basis.  Doctors do not do so in general and need to be paid up front for their reports regardless and will also require payment for attendance at Court hearings.

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Love Limerick, Live Templeville

Hogan Dowling McNamara are delighted to be the appointed legal partners for the stunning new development 'Templeville', Ballinacurra Road, Punches Cross, Limerick. Templeville is a superior residential development of detached and semi-detached homes by Ballymount...

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Video of Thomas Dowling

Thomas Dowling, Personal Injuries Partner with Hogan Dowling McNamara, Solicitors Limerick tells us what motivates and drives him to make a difference for his clients.   https://vimeo.com/237537143   Thomas Dowling is a Partner at Hogan Dowling McNamara...

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Vaginal Mesh Implant Claims

What they are: A vaginal mesh implant is an implant used to help treat incontinence or support internal organs.  This most commonly occurs as women age or after a number of pregnancies when for obvious reasons, the organs come under strain and pressure and can...

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Fergal McNamara

Fergal McNamara, Property Solicitor and Partner at Hogan Dowling McNamara Solicitors, Limerick tells us a little bit about himself and what drives him to make a difference for his clients at Hogan Dowling McNamara Solicitors. https://vimeo.com/230460615 Fergal is the...

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Personal Injury Claims – Assessing the Book of Quantum

The Book of Quantum is used by the Injuries Board to value personal injuries claims.  It is a booklet prepared for the Injuries Board by independent consultants.  The majority of the information behind it seems to have been supplied by insurance companies.  The Book...

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What is a Notary Public? – Perspective of a Limerick Notary

So what does a Notary do?  This article gives the perspective of a practicing Limerick Notary.

According to the “bible”, The Irish Notary, a Notary is a public officer of the civil order appointed by the competent authority of the State in which he practices, to carry out the functions customarily associated with that office.  Although closely associated with the work of the legal profession, the notary’s is a separate profession of equal antiquity.

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Serious Back Injuries – Spinal Cord Injuries

Sustaining a serious back injury or a spinal injury has a dramatic effect on you and your family’s life.  Where that injury has been caused due to the neglect, act or omission of another party, then you should contact your Solicitor to make sure that your interests are protected.

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Fatal Injury Claims – Catastrophic Accidents

If your loved one is in a fatal accident due to the wrong of another party, then you have redress as his next of kin.  When the unthinkable happens and your partner or loved one is killed as a result of an accident, whether a road traffic accident or accident at work...

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CAN EMPLOYERS SUE EMPLOYEES FOR INSURED WRONGS?

An employer taking legal action against an employee or former employee is unusual.  It is normally the employee that takes legal action against the employer for alleged breach of employment rights or for personal injuries allegedly sustained.  There have been a number...

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The practical implications for receivers arising out of Kavanagh V McLaughlin for Bank and Receivership Solicitors

The recent Supreme Court decision given by Ms. Justice Laffoy in the case of Tom Kavanagh and Bank of Scotland Plc v Patrick McLaughlin and Roseann McLaughlin (the “McLaughlins”) delivered on the 19th of March 2015 again casts into doubt the enforceability of certain mortgages.  Bank and Receivership Solicitors have to take note.  This paper deals with the practical  consequences of this decision having particular regard to charges over land registry lands granted in favour of Bank of Scotland (Ireland) Limited (“BOSI”), prior to its merger by absorption by Bank of Scotland Plc. (“BOS”).

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UNREASONABLE DELAY IN CONSIDERING CITIZENSHIP APPLICATIONS – a consideration of the High Court judgment of Edwards J. in KM and DG V. The Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

The question of delay in public decision making was considered in the case KM V Minister for Justice, Equality and Law Reform [2007] IEHC 234.  The applicant in that case had applied for permission to remain in Ireland on the basis of his marriage to an Irish...

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Debt Collection – How to collect a debt

In this article, I propose to explain how best to collect a debt.  You can find our debt collection services information here. Firstly, make sure it is properly due. Sounds simple but some people will wait until they receive an invoice before writing a cheque.  Make...

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UL Alumni Honoured at Annual Awards Event

Entrepreneur Justin Keatinge, Sporting Guru David Mahedy and Business Leader Eoin O’Connell honoured at UL Alumni Awards   The University of Limerick Alumni Association (ULAA) has bestowed the Association’s highest honour on three of the University’s outstanding...

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Employment Restrictive Covenants – Legal Advice for Employers

What is a restrictive covenant and when will it be enforceable?  This Article seeks to provide much needed advice for employers. A business can use restrictive covenants to protect its interests by restricting an employee’s activities for a period of time after their...

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Uninsured Drivers – accidents with an uninsured driver

This Article sets out what to do if you are in a road traffic accident with an uninsured driver. Don’t panic. The Motor Insurance Bureau of Ireland (MIBI) has been set up to cover road traffic accidents involving uninsured drivers.  The MIBI has been set up by...

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Marie Claire Trademark – Trademark Disputes

  Marie Claire magazine group may not register “Marie Claire” as a trade mark in Ireland as per the decision of the High Court delivered 1st April 2014   Mr. Justice Barrett of the Commercial Court delivered his judgement in respect of an appeal by the Marie...

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Partnership Disputes – When differences of opinion become legal

It is very rare to see a decision surrounding the facts of a dissolution of a professional services partnership. Most cases settle.  Substantive insight in relation to the application of the legal principles surrounding the dissolution of partnerships is given in the recent decision of the UK Court of Appeal dismissing an appeal from the decision of the High Court in respect of issues surrounding the termination of a solicitor’s partnership.  The case of Bishops V Goldstein [2014] EWCA Civ 10 gives a very clear signal from the court in relation to its view of conduct of partners designed to squeeze out partners from professional partnerships.

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Stepping over the mark- the bmw case, another reminder to watch your get-up!

The written judgement of Mr. Justice Ryan in the Bayerische Moteren Werke Aktiengesellshaft V. Ronayne (trading as BMWcare) delivered on 19th December 2013,  [2013] IECH 612 became available recently.  The case is yet another reminder to those setting up in business to choose trade names, domain names and their general get-up carefully in order to ensure that they are not infringing any third party registered trademark rights or unregistered rights.

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Share purchase agreements – the new and the old revisited

In El Makdessi v Cavendish Square Holdings BV and another [2013] EWCA Civ 1539, the Court of Appeal in the UK held that clauses in a share purchase agreement providing that, if the seller breaches restrictive covenants, the buyer's obligation to pay deferred...

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Personal Injuries – Court Procedures

This is a follow on from our personal injuries blog post of the 12th of December 2013 which sets out the Injuries Board procedure, it sets out the Court procedures for personal injuries claims after a claim has been released by the Injuries Board.

If either side rejects the Injuries Board Assessment, or the Injuries Board decides not to make an assessment, it will issue an authorisation.  This is essentially a permission to issue Court proceedings.

The first step is to issue a Personal Injuries Summons.  This is the injured party’s claim and sets out (1) the circumstances of the incident giving rise to the claim, (2) the reasons in law why the defendant is to blame and why he should be liable to pay compensation. and (3) the details of the injuries suffered and the effect of those injuries on the person defendant

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HAPPY CHRISTMAS

Happy Christmas and a prosperous new year from all at HDM Solicitors. We would like to sincerely thank all our clients in particular for all of their support during the year and we are looking forward to working with you in 2014.

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What to Do if you have a Car Accident

This article sets out what to do if you have a car accident.

Stop reading your phone and do the following:

1. Check and see if anyone has been injured.

2. If someone is injured, call an ambulance or other emergency services. You should also call the Gardai if there’s been an injury and you should not leave the scene of the accident unless the emergency services need you to bring someone to hospital.

3. If everyone is OK, photograph the vehicles in the location they ended up in.

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Re: The Bewleys Case – New law or judicial sabre rattling?

  The question of upwards only rent reviews has come to the fore again with the decision of Mr. Justice Peter Charlton in the case of Ickendel Limited v Bewleys Café Grafton Street Limited.  This case concerned the interpretation of a rent review clause in a...

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Liquidators & Receivers over Licensed Premises

We have recently had enquiries from Receivers and Liquidators appointed over licensed premises and Accountants considering such potential appointments.  Very often where a Receiver/Liquidator is appointed, the License holder is in arrears with Revenue and the License...

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Hogan Dowling McNamara Solicitors are conveniently located at Castletroy House, Dublin Road, Limerick with plenty of off street parking.  If you need an excellent Solicitor, give us a ring for immediate advice or a consultation. Please contact us by phone at 061 501100, email reception at info@hdm.ie or get a call back by completing our contact form so we can provide you with further information or advice.

Thomas Dowling
00353 61 501100

 

Fergal McNamara
00353 61 501100

 

Keith Hogan
00353 61 501100

 

 

Siobhan Buckley
00353 61 501100

Kate O'Brien Solicitor

Kate O'Brien
00353 61 501100
 
Hogan Dowling McNamara Solicitors
Injury Solicitors Limerick