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Mother & Baby Homes Report

The long awaited Mother and Baby Homes Report has been published and the Commission has set out its findings and recommendations in an attempt to address the many complaints of former residents. These have been identified as deficiencies in the information and tracing system for births and deaths and redress for the wrongs committed. It

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The Growing Importance of Co-Habitation Agreements

The Civil Partnership and Certain Rights and Obligations of Co Habitants Act 2010 gives rights to non-married couples who have been living together in an intimate and committed relationship. To qualify as co-habitants parties must : be living together for a period of 5 years if they have no children together or be living together

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TRANSGENDER TREATMENT AND CONSENT

In an important decision of the High Court U.K. the Court questioned the ability of under 16’s to be in a position to give informed consent to undergo treatment with puberty-blocking drugs “…. we recognise that clinicians may well regard these as cases where the authorisation of the court should be sought prior to commencing

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Wards of Court : New provisions relating to affidavits of Medical Practitioners supporting a Petition to the High Court for Wardship.

The new provisions concerning the content of medical affidavits / medical reports in relation to Wardship Proceedings, came into force on 5th October, 2020. These differ considerably from the previous reports which were required and the details required is much more comprehensive. The information set out below must now be included in the affidavit and/or medical

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Refund of Stamp Duty on the construction of one off houses

If you bought a site for the sole purpose of building a single dwelling unit on it you may be entitled to claim a refund from the Revenue Commissioners of the Stamp Duty paid on the purchase. Stamp Duty is paid at the higher rate of duty  [ currently 7.5% ] applicable to non-residential purchases.

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Donor Assisted Human Reproduction Regulations

he Children and Family Relationship Act 2015 came into effect on the 4th of May 2020.  Parts 2 & 3 relate to the regulation of donor assisted human reproduction [ D.A.H.R.] procedures carried out in Ireland and clarify the legal position of all parties involved and importantly the legal parentage of children born by way

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Online Shopping

Sometimes online shopping is an impulse purchase which after a few minutes or days we might regret or reconsider. Alternatively when the purchase arrives it looks nothing like what was promised in the online advertisement. Under EU legislation when a person buys a product from an EU based website you have a right to return

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Should I Make A Will?

Making a Will is one of the most important documents you will create in a lifetime. A Will enables you to choose how your assets will be divided on your death. As a result you can provide accurately for your loved ones. If you die without a Will, the Succession Act will dictates what happens

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Whistleblowers – how does the law protect you?

The provisions of the Protected Disclosures Act 2014 protect whistleblowers. An application can be made to the Circuit Court to protect your employment rights if they to be affected by your disclosure. However there are a number of provisions in the Act which have to be borne in mind when seeking the protection of the

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What amounts to bullying at work?

In the Ruffley case  [in which Burns Nowlan acted on behalf of the employee] the Supreme Court ultimately held that a breach of fair procedures does not, in and of itself, constitute “bullying”. The Court stated that it was important “not to blur the distinction” between a claim for breach of procedures and a claim

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5 Tips for Buying A Property

1. Know the Process Buying a property [house or site] can be broken down as follows: Find the property you wish to purchase and pay a booking deposit to the Auctioneer. Before contracts are signed it is important you have your financing in place and have also had the property surveyed to your satisfaction. Contracts

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Who can apply to Court for a Protection, Safety or Barring Order?

All partners in an intimate relationship, whether living together or not, can apply to Court for a Protection or Safety Order under the provisions of the Domestic Violence Act 2018. However, to obtain a Barring Order however you must be cohabitating [ i.e. living] with your partner/spouse. If a Domestic Violence order is granted it

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Booking Deposit – what does it mean?

Once you have agreed to buy a property an Auctioneer will normally ask for a booking deposit to be paid before a “Sale Agreed” / Sold” sign is put up. The payment made to the Auctioneer – normally no more than 2% of the purchase price – is deemed a booking deposit and the Solicitors

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