Cantillon's Blog

Posted in New Legal Developments on 19 December 2017
The news that University Hospital Kerry is reviewing some 46,000 Radiological   Images related to more than 26,000 patients has understandably sparked huge concern amongst patients and their families.  The images include X-rays, CAT scans and ultrasounds carried out between March 2016...
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Posted in New Legal Developments on 06 December 2017
Recently we saw the first disciplinary hearing come before the Teaching Council since its establishment. The Teaching Council is the regulatory body for Teachers in Ireland and in essence, mirrors the disciplinary procedures in place for the medical profession.  It is tasked with investigati...
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Posted in New Legal Developments on 16 November 2017
The Mediation Act 2017 was signed into Law on the 2nd October 2017 and is expected to come in to force very shortly. What is Mediation? Mediation is a collaborative process that provides an opportunity to resolve disputes by negotiation and/or agreement by using a Mediator.   The Act...
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Posted in New Legal Developments on 06 September 2017
According to ISME a statutory offence of perjury would be a significant brick in the defensive wall against false or exaggerated personal injury claims. In my view, there are lots of checks and balances in the existing system to weed out any such claims. Section 25 of the Civil Liability & Court...
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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...
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Posted in New Legal Developments on 31 May 2017
If you are considering providing a dwelling house to your child or someone other than your child, please contact Cantillons for advice in view of the significant restrictions to the exemption for Inheritance and Gift Tax. The Finance Act 2016 abolished the generous exemption from Inheritance and ...
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Posted in New Legal Developments on 04 May 2017
On the 28th March 2017, the President of the High Court, the Hon. Mr Justice Peter Kelly issued a Practice Direction to the legal practitioners in Ireland.  This was welcomed by legal practitioners on all sides. Practice Direction 71 titled “Payment on accounts of costs pending taxatio...
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Posted in New Legal Developments on 03 April 2017
It is disappointing news (in my view) that the Minister for Health, Simon Harris, plans to introduce a voluntary Open Disclosure Scheme which will give medical professionals legal protection for any information given following a patient safety incident. Minister Harris has been reported as saying...
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Posted in New Legal Developments on 15 March 2017
Confidentiality and protection of clients’ information has been an absolute cornerstone of the practice since its inception in 1980. This most fundamental policy is reviewed by management on an ongoing basis and steps taken to renew and re-enforce the policy whenever possible. The General D...
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Posted in New Legal Developments on 17 August 2016
Recently we saw the welcome and long awaited announcement by Richard Bruton the Minister for Education of a formal process to make complaints about the conduct of teachers. This comes about over a decade after the Legislation was first signed in to Law.   Parents, students or other teach...
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Posted in New Legal Developments on 03 August 2016
In 2015, Ireland welcomed the long-awaited enactment of the Assisted Decision-Making (Capacity) Act 2015 which replaced the Lunacy Regulation Act 1871.  The landmark piece of legislation was signed into law on the 30th December 2015 and it is anticipated that it will be commenced by Ministerial...
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Posted in New Legal Developments on 07 January 2015
The new Garda Síochána Compensation Bill of 2012 has proposed significant alterations to the existing Garda Compensation Scheme.  The new Bill seeks to reform the existing Garda Compensation Scheme which has been in existence since 1941. Under the present Scheme, two groups of ...
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Posted in New Legal Developments on 26 November 2014
Since the 1st August 2014, the Recoverable Benefits and Assistance Scheme has been in force in Ireland.¹ What it means? Briefly this provides that in personal injury claims*, the State (in particular the Department of Social Protection) will recover certain illness-related social welfare ...
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Posted in New Legal Developments on 25 June 2014
The awarding of damages in the Irish courts is based on the principle restitutio in integrum that is to put injured parties back, insofar as money can do, to the position that they would have been in but for the injury. At present compensation is by way of a single lump sum of damages. In catastr...
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Posted in New Legal Developments on 23 April 2014
Accessing the European Court of Human Rights is a long and difficult journey but not an impossible one as Louise O’Keeffe has recently shown us. Louise’s fight for justice began in 1998 in Ireland and culminated finally in a successful outcome before the European Court of Human Rights in...
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Posted in New Legal Developments on 12 March 2014
When issues of ill-health and the law intersect, the matter is inevitably fraught with complexity, emotion and sadness. In recent years a number of high-profile complex and sensitive medico-legal issues have arisen in Irish Courts.  Most recently the issues of patient autonomy and consent we...
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Posted in New Legal Developments on 12 February 2014
* As of January, 2014, the Minister for Justice, Equality and Defence, Alan Shatter T.D., increased to €35,000.00 the maximum amount that can be awarded for mental distress to the dependants of someone who has been fatally injured. Prior to this, that figure had been capped at €25,394.76 s...
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Posted in New Legal Developments on 07 February 2014
Our client Louise O’Keeffe finally had her rights vindicated on the 28th January 2014 when the European Court of Human Rights found in her favour in a landmark case against the State.  Ms. O’Keeffe has been inundated with good wishes from every strata of society.  The under...
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Posted in New Legal Developments on 28 January 2014
It’s time for the Government to stop hiding behind legal advice and do the right thing.  When one stands back from the Louise O’Keeffe case, one can see that the Department of Education were intimately involved in the enterprise of providing education to Louise O’Keeffe. In...
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Posted in New Legal Developments on 15 January 2014
What is the rush? The Statute of Limitations Act 1957 and the Statute of Limitations (Amendment) Act 1991& 2000 are an important part of the legislative framework put in place to prevent perpetual litigation. In other words, this legislation ensures that there is a specific timeframe imposed ...
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Posted in New Legal Developments on 09 January 2014
We just received notification by the European Court of Human Rights in Strasbourg that judgment will be delivered in Louise O’Keeffe’s case against Ireland on 28th January 2014. Louise was the victim of sexual abuse at Dunderrow National School, Kinsale, Co. Cork.  She has fought a long legal b...
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Posted in New Legal Developments on 09 January 2014
Ruadhán Mac Cormaic’s article in the Irish Times this week disclosed that some €139m was paid to Barristers between January 2002 and August 2013.   Comments since then can be classed as falling into the “fat cat lawyer” category.  The analysis is akin to ...
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Posted in New Legal Developments on 09 January 2014
When patients suffer an adverse outcome following receipt of medical treatment, an explanation as to what went wrong, an assurance that lessons will be learnt from any mistakes made and an apology is often what they are seeking most.  Yet in the words of Elton John it appears that “sorry ...
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