lukehanahoe | Hanahoe&Hanahoe Solicitors

Think safety, Farm safely

Posted by lukehanahoe on Apr 6, 2015 in News Feed | 0 comments

For the fifth year in a row, the agriculture sector has more work place accidents* and injuries than any other, according to the Health and Safety Authority. More than 1000 people a year suffer personal injuries* in farming accidents, and it accounted for over 50% of work place fatalities in 2014. The farm is a place where caution and good working practises are essential. To ensure that you are farming as safely as possible and to prevent you and others from suffering personal injuries* in accidents on your farm, you should visit the IFA website at www.ifa.ie. You will find helpful tips there on how to avoid farming accidents* and you can also download a risk assessment form. Some accidents are unavoidable and it is therefore essential that you are insured against potential personal injury* actions. If you have been involved in an accident on a farm you should consult with a solicitor who specialises in personal injuries* at the earliest possible opportunity. For further information on farming accidents* or indeed any aspect of agricultural or personal injury* law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com. This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of agricultural or personal Injury* law, you should consult with a solicitor who specialises in agricultural and personal injury law.* No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf. *In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or...

Are we to see a change in how medical negligence* cases are run in 2015?

Posted by lukehanahoe on Mar 30, 2015 in News Feed | 0 comments

There has been considerable criticism over the last number of years, with respect to manner in which medical negligence* cases are run, the length of time it takes to conclude the action, the manner in which damages are paid and the level of costs associated with bringing such an action. In order to resolve these and many other perceived issues, the High Court Working Group on Medical Negligence and Periodic Payments was set up to consider more efficient and effective ways to resolving medical negligence claims.* What they proposed, is the introduction of pre-action protocols and a case management system, similar to the UK. It appears the Government are now going to implement these proposals, with the possibility of there being draft legislation this year. These proposals advocate a much more open exchange of information, where both sides exchange documentation and enter into negotiations at the pre litigation stage, to facilitate an early settlement. Case management procedures would be put in place to monitor the manner and time in which information is exchanged and negotiations are entered into. But will these changes have the desired effect, of minimising the costs and facilitating a platform for the early settlement of medical negligence* claims? The Personal Injury Assessment Board (PIAB) was set up in 2003 with a similar mandate of reducing the litigation costs associated with bring personal injury* actions and to facilitate a quicker resolution of such actions. When insurance companies lobbied for the setting up of the injuries board, they claimed that the savings in legal costs would see a reduction in premiums. This never came to pass and any savings made by the injuries board, if any, have not been pasted on to the public. It also cannot be said that they have quickened the process of bringing a personal injury* action or made it more efficient. In fact, in a lot of circumstances they slow the process up, by insisting that the personal injury* actions have to go through the PIAB process. It should also be noted that it has not been a resounding success in the UK and the cost savings have not been as a great as first envisaged. It has also seen, as has happened here with the injuries board, that some of the costs are now being passed on to the injured party, so it is the insurance companies and not they public seeing the real benefit. For further information on medical negligence* or personal injury* law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com. This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of medical negligence* or personal injury* Law, you should consult with a solicitor who specialises in medical negligence* and personal * law. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf. *In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or...

Nullity and Family Law

Posted by lukehanahoe on Mar 23, 2015 in News Feed | 0 comments

Nullity of marriage is a declaration by the Family Law Courts that a marriage is null and void and that no valid marriage exists between the parties. Nullity is very different to Divorce. A Divorce is an order from the Family Law Courts ending a marriage, a Nullity is the declaration that the marriage never existed. There are two types of marriages that can be annulled, ‘void marriages’ and ‘voidable marriages’. A ‘void marriage’ means the marriage never took place, so theatrically there is no need to get an Order from the Family Law Courts annulling the marriage. That said, for the avoidance of doubt it is always advisable to obtain an Order of Nullity form the Family Law Courts. There are various reasons why a marriage can be deemed void, the most common of which are that at the time of the ceremony one of the parties lacked either capacity or consent to enter into the marriage contract. A ‘voidable marriage’ requires an Order from the Family Law Court for it to be annulled and the marriage is valid until that order is obtained. Again there are various reasons why a marriage can be voidable, they most common of which is that at the time of the ceremony one of the parties is incapable of consummating the marriage or that either or both parties were incapable of entering into or sustaining a proper or normal marital relationship. This is generally due to some type of psychiatric or personality disorder. For further information on nullity or indeed any aspect of Family Law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com. This article is merely for information purposes only and is not and should not be taken as legal advice. If you have any queries in relation to this or any other Family Law matter, you should consult with a solicitor who specialises in Family Law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your...

Garda Compensation Claims* and the Law.

Posted by lukehanahoe on Mar 16, 2015 in News Feed | 0 comments

If a Garda sustains personal injuries* while preforming his duties, he/she may be permitted to bring a personal injury* claim under the Garda Siochana (Compensation) Acts. Such claims are limited to members of an Garda Siochana who have suffered: personal injuries* which have been maliciously inflicted while in the performance of their duties; or personal injuries* which have been maliciously inflicted while acting in the general capacity of a member of an Garda Siochana when off duty; or personal injuries* which have been maliciously inflicted because they are a members of An Garda Siochana. Dependants of deceased Gardai who were fatally injured* can also bring claims for compensation, provided the deceased member was fatally injured* in circumstances as stated in either paragraph (a), (b) or (c). If a Garda has sustained personal injuries* in any of the above mentioned circumstances, it is necessary for him to submit his claim to the Garda Compensation Section within three months of the date of the incident. While the Minister may consider late applications, the longer the delay in submitting your application, the less likely it is that it will be accepted. It is therefore essential that you consult with a solicitor who specialises in personal Injury* law and more particularly Garda Compensation claims*, immediately. Once a personal injury* claim has been submitted, the Minister will consult the medical evidence and the Garda Commissioner to consider: whether the injury sustained was minor or non-minor whether the incident is covered by the provisions of the act. In considering whether the personal injuries* are minor or non-minor, the Minister is guided by the McGee and Merrigan Judgements. The Merrigan Judgment states that a minor personal injury* is one where there has been a ‘complete recovery within a matter of weeks with no adverse sequel’. If the Minister finds that the personal injury* is minor or that the incident is not covered by the provisions of the act, the Minister at liberty to refuse the application. While there is no provision under the act for bringing an appeal, additional information can be submitted at this juncture. If your personal injuries* claim is accepted an authorisation is issued and same has to be lodged in the High Court within two months. For information on Garda compensation claims* or indeed personal injury* claims, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com. This article is merely for information purposes only and is not and should not be taken as legal advice. If you have any queries in relation to this or any other personal injury* matter, you should consult with a solicitor who specialises in personal injury* law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf. *In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or...

What does the Enactment of the Finance Bill mean for Farmers?

Posted by lukehanahoe on Mar 9, 2015 in News Feed | 0 comments

On the 1st January 2015 the Finance Bill came into law, but what impact will it have on the farming community? Changes to Capital Acquisition Tax Capital Acquisition Tax relief will now only be available in respect to property gifted to or inherited by ‘active farmers’ or to individuals who are not active farmers, but who lease out the property to active farmers on a long-term basis. An ‘active farmer’ is defined as someone who spends not less than 50% of their normal working time farming the land on a commercial basis with a view to making a profit. Capital Gains Retirement Relief. Capital Gains Retirement Relief will be available on land that has been leased for up to 25 years ending in the disposal. This is an increase on the previous period of 15 years. Consanguinity Relief. Consanguinity Relief which applies to the transfer of non-residential property to certain relatives, has been extended to December 2017, in appropriate circumstances, where the recipient is an active farmer. This relief halves the amount of stamp duty payable from 2% to 1%. If you require further information on the Finance Bill or you have any other queries on Agriculture law please do not hesitate to contact Hanahoe and Hanahoe Solicitors on 045897784 or @ info@hanahoeandhanahoe.com; This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of agricultural law, you should consult with a solicitor who specialises in agricultural law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors until you receive written confirmation that we are acting as solicitors on your...