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….
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.
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.
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.
Munster Lawyer of the Year
Thomas Dowling Limerick Solicitor, winner of Irish Law Awards Munster Lawyer of the Year 2019
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...
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...
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...
How to Make a Will
How to make a will
How to Find a Good Solicitor
How to find a good Solicitor
Commissioner for Oaths Explained
Commissioner for Oaths explained
ACCIDENT ON HOLIDAYS ABROAD
Accident on holidays – how to bring a claim
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...
Litigation – The Case for Mediation
When mediation is useful
Injuries Board Applications
How to make a claim to the Injuries Board
Fatal Accidents – The Coroner’s Court
The Coroner’s Court explained – accidental death
Whiplash Injuries: Whiplash – No thanks
The negative side of whiplash injuries
Car Accident – Guide to Car Damage Claim
What to do if you are in a car accident
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...
Medical Negligence
Increase in medical negligence cases
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.
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.
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...
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...
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”).
How to value a Personal Injury Claim – What is my claim worth?
This article addresses the legal methods and means of how to value a personal injury claim with a view to informing you about the legal processes involved and the processes involved and ultimately, how to assess what your claim is worth. No doubt every Solicitor uses...
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...
Recipients of Banking & Finance Law Firm of the Year 2015 in Ireland and Energy Law Firm of the Year 2015 in Ireland
We are very proud to be the recipients of both the Banking & Finance Law Firm of the Year 2015 and Energy Law Firm of the Year 2015 from Corporate INTL. The awards commemorate those who have been successful in the past twelve months and who have shown excellence...
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...
The Protection of Employees (Fixed Term Work) Act 2003 – a comment on treatment of teachers
The purpose of the Protection of Employees (Fixed Term Work) Act according to the Department of Trade & Employment is: To provide for the improvement of the quality of fixed-term work by ensuring the application of the principle of non-discrimination (i.e....
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...
Thomas Dowling’s MND Video
Thomas Dowling's MND Video: Thomas' Video
Fergal McNamara’s MND Ice Bucket Challenge
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...
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...
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...
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.
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.
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...
Adoption by the European Parliament of the new public procurement directives and concession contracts directives
On 15th January 2014, the European Parliament has adopted the two new public procurement directives to replace the Utilities Directive and the Public Sector Directive together with a separate proposed directive on the award of concession contracts. It is expected that...
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
Monetary jurisdiction of District & Circuit Courts to increase from 3rd February 2014
As and from 3rd February 2014 the new monetary jurisdictions will be as follows: - the jurisdiction of the District Court in civil proceedings will increase from €6,384 to €15,000 - - the jurisdiction of the Circuit Court in civil proceedings will increase from...
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.
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.
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...
Validation of appointments of Receivers – Advice from a Receivers’ Solicitor
This article looks at the Validation of Appointments of Receivers and the case of The Merrow Limited v Bank of Scotland Plc and David O’Connor. It looks at the case from the perspective of a Solicitor acting regularly for Banks and Receivers. The recent case of The...
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...
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.
