How far can you go to Defend your Home?
It has long been said that “a man’s home is his Castle” implying that he may be justified in the use of force within his own home to protect himself, his family or his property. Our constitution, the bedrock of our legal system, recognises the special constitutional status of a person’s dwelling, stating, at Article […]
Mortgage Arrears – Any Solutions?
We are currently in an era where it would appear that report after report is being generated to deal with the myriad of problems we are encountering both at an economic and social level in this country. The most recent of these reports is the Inter Departmental Mortgage Arrears Working Group otherwise known as the […]
The Importance of Making a Will
As another year draws to a close, it may be an opportune time to reconsider those resolutions and promises that you made at the beginning of 2011. One resolution that often features on a person’s list is to make a Will or if they have already made a Will to review an existing one. It […]
Sentencing in Irish Courts
Do you ever wonder how a Judge reaches a decision on the appropriate sentence to impose when dealing with an accused person who has pleaded guilty or has been found guilty of an offence or a number of offences? The basic principle which a Judge must consider in deciding the appropriate sentence to impose in […]
Where do employees’ pay related claims lie on their employer’s insolvency?
One would expect that employers should, from a moral perspective, firstly look after employees in the event of insolvency as employees are usually wholly financially dependent on their employers. That is not the case. Bankruptcy and company legislation do give preferential status to certain employee claims in the distribution of the assets of the insolvent […]
Creditors’ Meeting – Should I stay or should I go?
As more and more companies succumb to insolvency, many business suppliers are receiving invitations to creditors’ meetings. When an insolvent company decides to wind up voluntarily, a notice will be sent to all creditors together with a general/special proxy form to commence the liquidation process. The notice will also be advertised in local newspapers. The […]
Inheritance Tax and Insurance
Now that the liability date, the 30th of September, for the payment of Inheritance and Gift Tax has passed, and, I hope, you have all discharged your liabilities, I think it might be helpful to look at a way whereby you yourself can assist your own beneficiaries in paying the tax. This can be done […]
“To Have and to Hold…” New Rights of Civil Partners and Cohabiting Couples
Dramatic and radical changes in Irish Family Law were introduced by the (clumsily named) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 which took effect from the 1st of January 2011. There has been much publicity in the media of the fact that for the first time in Ireland, same sex couples, […]
Are you a Director of a company going into Liquidation?
If so, you need to proceed with caution. There are many rules governing the liquidation process. Firstly, you should first speak with fellow directors and seek professional advice. Resignation may be an option but your primary responsibility is to protect the company creditors. You may remain personally liable even if you were to resign. In […]
Sorry Seems to be the Hardest Word
Today’s legal corner will deal with the fractious relationship between the Justice system and that elusive yet potent word –“sorry”. Historically, the relationship was fairly simple: If you so much as uttered the word “sorry”, you were admitting liability and were therefore to suffer the legal and financial consequences that come with that. Unfortunately, this […]