Cantillon's Blog

Posted in General Legal Tips on 05 September 2018
In recent months there have been high profile ferry cancellations by Irish Ferries to France and England affecting thousands of passengers.  What are passengers entitled to in these circumstances? Or in circumstances where a departure is delayed. Maritime Passenger Rights Regulation Regulat...
Read Full Article Share on Social
Posted in General Legal Tips on 25 April 2018
For most people, every week a small portion of their wages is taken, at source and put towards their pension.  This usually involves the transfer of that portion of their wage to an external body who should manage the pension appropriately and professionally. Many years later that money, you...
Read Full Article Share on Social
Posted in General Legal Tips on 01 February 2018
On a recent visit to Dublin for a trial at the Four Courts, I was, once again, struck by the vast number of homeless fellow citizens of all ages, sleeping rough on the streets of our Capital. I reflected on how there was so much more to our homeless crisis than what meets the eye on the street, with...
Read Full Article Share on Social
Posted in New Legal Developments on 23 August 2017
A legal loophole which enabled driver’s to escape a cross-jurisdictional driving ban between Ireland and the United Kingdom has recently been addressed, bringing about significant changes to those facing driving bans on one or other side of the border. The change in the Law came into effect on...
Read Full Article Share on Social
Posted in General Legal Tips on 09 August 2017
It is without a doubt that Brexit will have many implications on Ireland. Trading agreement issues, immigration limits, and economic consequences are among the topics of discussion of late.  Of course these issues are among a multitude of other repercussions. What, however, are the potenti...
Read Full Article Share on Social
Posted in General Legal Tips on 26 July 2017
Under Section 13 of the Parental Leave Acts 1998 (amended by the Parental Leave Amendment Act 2006) employees are entitled, in certain circumstances, to take leave with pay from their employment which is known as “force majeure”. An employee’s entitlement to take “force majeu...
Read Full Article Share on Social
Posted in General Legal Tips on 20 July 2017
It is one thing to be unfortunate enough to have a bad neighbour.  It is another thing when that bad neighbour is the City or County Council. These are the bodies we entrust to keep us safe. By now everyone has heard of the devastations being caused by the Japanese Knotweed infestation. ...
Read Full Article Share on Social
Posted in General Legal Tips on 12 July 2017
We are all too familiar with the prevalence of bullying in our society and with the new era of social networking, we have to recognise that bullying within the school yard now encompasses Cyber Bullying within Cyberspace. Bullying is defined as unwanted, negative behaviour - verbal, psychological...
Read Full Article Share on Social
Posted in General Legal Tips on 23 June 2017
We have been consulted recently by a number of clients who have raised concerns in relation to the delay in accessing Needs Assessments for their children. Under the Disability Act, 2005, where a person (or a parent of a person) applies to the HSE for an Assessment of Needs, in relation to a spec...
Read Full Article Share on Social
Posted in General Legal Tips on 22 March 2017
Like a lot of people I watched, with horror, Ian Kehoe’s recent documentary “The Great Irish Sell-Off”.  The ease in which these so called “Vulture Funds” can turn people’s lives upside down is distressing.  While watching the show, I could not help b...
Read Full Article Share on Social
Posted in General Legal Tips on 03 February 2017
By and large the internet and the now, widespread use of smart phones is a good thing. It allows us to keep in contact with friends and family who have emigrated, publicise our businesses and communicate news to the world, in an instant. However, like all good things, it can be distorted and turn...
Read Full Article Share on Social
Posted in General Legal Tips on 13 January 2017
All employment relationships are based on contracts between parties. There are two main legal categories of persons who work for others. They may be “Employees” or “Independent Contractors”.  The distinction between an employee and an independent contractor is not always...
Read Full Article Share on Social
Posted in General Legal Tips on 06 July 2016
The right of access to the Courts, is a Constitutional right, which was recognised in McCauley V Minister for Posts and Telegraphs when Kenny J held,   “There is a right to have recourse to the High Court to defend and vindicate a Legal Right and that is one of the personal rights of th...
Read Full Article Share on Social
Posted in General Legal Tips on 22 June 2016
The Protected Disclosures Act 2014 provides a legal framework to protect workers who raise concerns about potential wrongdoing in the workplace. The Act provides protection and redress for workers who are dismissed or penalised having reported wrongdoing. The 2014 Act is largely recognised as compre...
Read Full Article Share on Social
Posted in General Legal Tips on 05 May 2016
It is important for all couples, young and old, to make a will. A Will tells your partner and your family, whom you want to get your assets when you die.  If you die without making a Will, in legal jargon, you are said to have died intestate. The Irish rules on intestacy will dictate how you...
Read Full Article Share on Social
Posted in General Legal Tips on 05 May 2016
In litigation it can often be beneficial to both parties to attempt to resolve the matter without the need to go to Court.  In the appropriate case this can save both time and money.  Negotiation is the simplest method.  Alternative Dispute Resolution (ADR) includes mediation or conci...
Read Full Article Share on Social
Posted in General Legal Tips on 22 January 2016
If you feel that proper provision has not been made for you under your parents Will, then you may be entitled to bring an action against their Estate.     Section 117 of the Succession Act 1965  allows a child of a Testator to make an Application  to Court for provision to...
Read Full Article Share on Social
Posted in General Legal Tips on 13 November 2015
The recent Smurfit Kappa case (2011) highlighted the importance of ensuring that an employee has access to independent legal advice when being asked to sign waiver documents or any other documents arising from the termination of their employment.   Absent that independent legal advice, an ...
Read Full Article Share on Social
Posted in General Legal Tips on 02 October 2015
The figures are now out for Ireland and Cantillons Solicitors have been inundated with queries from concerned car-owners. Volkswagen Group Ireland has now announced that some 79,348 vehicles in Ireland will be recalled and affected customers will be contacted in the “near future” to corr...
Read Full Article Share on Social
Posted in General Legal Tips on 30 September 2015
Medical records are a key element in any investigation, whether it be a personal injuries action arising out of a road traffic accident or a medical negligence action. In general, individuals are entitled to access their personal medical records and can do this in a number of ways: 1. &nb...
Read Full Article Share on Social
Posted in General Legal Tips on 03 July 2015
Defamation actions are not reserved only for those who have been defamed in a national newspaper article. Defamation can be more localised and immediate e.g. being accused wrongly of shoplifting or being turned away wrongly from a night club. While being wrongly accused of shoplifting in your home t...
Read Full Article Share on Social
Posted in General Legal Tips on 30 June 2015
It is hard enough to lose a parent, not to mind an additional disappointment one may have when they learn that they may not have been provided for in a will as they had hoped. There is a glimmer of hope open to those who are disappointed in this way. An application can be brought asking the Court...
Read Full Article Share on Social
Posted in General Legal Tips on 19 June 2015
Last Friday, the 12th June, it was announced that the iconic Clerys was going into liquidation. The saddest and worst part of this story is not that an Irish institution has closed, but that so many jobs just vanished in an instant. The manner in which so many long serving employees were treated is ...
Read Full Article Share on Social
Posted in General Legal Tips on 10 June 2015
Dependants of a deceased person who has died as a result of the wrongful act of another person or institution may issue a fatal injury claim against the wrongdoer*. Part IV of the Civil Liability Act 1961 as amended is the principal legislation governing these type of claims.  The legislatio...
Read Full Article Share on Social
Posted in General Legal Tips on 08 April 2015
The Control of Dogs Acts 1986 and 1992 place responsibility for dog control on Local Authorities.  Under this legislation, Local Authorities have a number of powers to include appointing Dog Wardens and imposing on the spot fines for a number of offences and the issuing of court prosecutions. L...
Read Full Article Share on Social
Posted in General Legal Tips on 12 November 2014
What do we mean by the ‘Floodgates’ Argument? To "open the floodgates" in litigation is a phrase used to argue that if a Court were to recognise a cause of action, it may lead to a dramatic increase in litigation or a ‘flood’ of similar claims and, therefore, exp...
Read Full Article Share on Social
Posted in General Legal Tips on 05 November 2014
The legal process in Ireland can be divided into criminal law and civil law. Each operates independently of the other. The victim of a sexual offence is entitled to engage with either or both processes. The Criminal Process – The criminal process involves making a complaint to the Garda&i...
Read Full Article Share on Social
Posted in General Legal Tips on 29 October 2014
A Will forces us to confront our mortality like no other document.  Procrastination and unwillingness to accept death as part of life are common reasons for not having a Will. All adults of sound disposing mind can and should make a Will and we at Cantillons Solicitors strongly advise a...
Read Full Article Share on Social
Posted in General Legal Tips on 20 August 2014
FATAL CLAIM TO THE CRIMINAL INJURIES COMPENSATION TRIBUNAL* Following a fatality or homicide (including murder and manslaughter), the dependants of the victim may be entitled to claim compensation. This is handled by the Criminal Injuries Compensation Tribunal (CICT). The Department of Justice an...
Read Full Article Share on Social
Posted in General Legal Tips on 09 July 2014
One of the most common types of alternative dispute resolution includes Mediation and Arbitration. Arbitration is a form of alternative dispute resolution. That is alternative to litigating the matter in a court.   What is Arbitration? Arbitration is the private determination of a dispute b...
Read Full Article Share on Social
Posted in General Legal Tips on 23 June 2014
We are all too familiar, with the prevalence of bullying in our society. In the context of our children, that bullying, more often than not, starts in the school yard. With the new era of social networking, we have to recognise that bullying within the school yard now encompasses Cyber Bullying with...
Read Full Article Share on Social
Posted in General Legal Tips on 05 June 2014
In this article, we consider the circumstances in which a client who has suffered a catastrophic injury* should apply to have his or her case expedited.   What is a catastrophic injury?* There are many definitions as to what constitutes a catastrophic injury. Historically, legally the defini...
Read Full Article Share on Social
Posted in General Legal Tips on 14 May 2014
Mediation is a type of alternative dispute resolution. In other words, it is a way to solve legal battles without having to go down the court route. It can be used in practically any kind of dispute, if the parties are willing to engage in the process. Mediation involves both parties meeting in a...
Read Full Article Share on Social
Posted in General Legal Tips on 16 April 2014
What is an Enduring Power of Attorney? An Enduring Power of Attorney (EPA) is a legal document that allows you (‘the Donor’) to appoint one or more trustworthy persons of your choice (‘the Attorney’) to look after your personal and financial affairs if, at a future time in...
Read Full Article Share on Social
Posted in General Legal Tips on 02 April 2014
If you sustain injuries arising out of a slip or fall you may be entitled to compensation for your injury*. However it is not always the position that one is entitled to claim compensation arising from such an incident. The first step is to establish whether or not the fault for the injuries is as a...
Read Full Article Share on Social
Posted in General Legal Tips on 26 March 2014
I recently had a client who was willing to settle her case for a sum of money that fell well below the value (in my view) of her case. The reason?  She was terrified of going to court. She was convinced that she would make a “mess” of her evidence. She was in dread of being bombarde...
Read Full Article Share on Social
Posted in General Legal Tips on 19 March 2014
What is the Tort of Negligence? The tort of negligence is the most common area of tort law in modern litigation. To be successful in civil litigation a person must prove that they have been injured as a result of the negligence of another. Negligence is a failure to exercise the care that a reaso...
Read Full Article Share on Social
Posted in General Legal Tips on 19 February 2014
DAMAGES * An award of damages is monetary compensation and is the most common remedy sought in civil claims. In a personal injuries claim the Court will assess the damages a Plaintiff is entitled to in order to compensate the Plaintiff for injuries sustained. Irish Courts attempt to put injured p...
Read Full Article Share on Social

Blog Categories


Request a call back

Name
Email
Number
Spam Check - Enter code
[Update]