Mother & Baby Homes Redress Scheme: Access Widened
In a welcome development on the Mother & Baby Homes scandal the Minister for Children has now advised that whereas the Redress Scheme will take account of the recommendations of the Commission of Investigations it will not be limited to them. Women who spent less than six months in the homes and those resident after
Sexual Harassment in the U.K. and U.S. Armed Forces
United Kingdom : Following on from a 2015 Sexual Harassment Survey, the British army repeated the survey in 2018 to assess improvements in army culture and behaviour. Although the results showed that there had been an improvement in behaviours since the 2015 survey, it also reported that unwanted sexualised behaviours remain a common experience for
Auto Credit Agreements – right to revoke agreement and return your vehicle
European Court of Justice [ the “ECJ” ] rulings previously established that a consumer’s right to withdraw from a credit agreement is only limited to the 14 days following conclusion of the agreement if the consumers were given “clear and concise” information on when and how they could withdraw, and that the applicability of the
The Irish State – Investigations, Reports and Redress Schemes – Book Review
“Between 1922 and 1996, over 10,000 girls and women were imprisoned in Magdalene Laundries, including those considered ‘promiscuous’, a burden to their families or the state, those who had been sexually abused or raised in the care of the Church and State, and unmarried mothers. These girls and women were subjected to forced labour as
Will this be Opportunity Lost 2.0?
State must ‘learn from mistakes’ of past redress schemes. Click the link to view article on The Journal
Retirement and Age Discrimination
The Workplace Relations Commission [ “WRC” ] in a recent 2021 decision has once again held that the enforceability of compulsory retirement clauses in contracts of employment and the concept of employees retiring at 65 or indeed any other age is now fast becoming a thing of the past. In 2020 the WRC determined that
State planning to fight legal claims by survivors of mother and baby homes
State planning to fight legal claims by survivors of mother and baby homes : Irish Independent: Shane Phelan [ March 12 -2021 ] Correspondence shows State plans to argue survivors’ claims fall outside the statute of limitations The State is planning to fight legal claims being taken by survivors of mother and baby homes, the
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
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
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
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
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.
Volkswagen can face emissions claims where cars bought, EU court rules
European Union citizens should be able to sue Volkswagen in their national courts if they have bought cars with emission cheat devices installed, the EU’s top court has ruled. The Court of Justice of the European Union has today ruled that EU consumers should be able to sue Volkswagen in their national courts. This is
Do parents have to leave something to each/any of their children in a will?
Section 117 of the Succession Act 1965 cover this very difficult question where it provides : “ Where on application by or on behalf of a child of a testator, the court is of the opinion that the testator has failed in his moral duty to make proper provision for the child in accordance with
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
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
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
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
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
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