Legal News Ireland

Legal News

Articles, Case Studies & Legal News from McGrath Mullan Solicitors

Adoption and Irish Citizenship

There are a number of ways a person can be entitled to Irish citizenship. Aside from applying for citizenship through naturalisation or Foreign Birth Registration, a person who was not born in Ireland will automatically be an Irish citizen if one of their parents was an Irish citizen at the

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McGrath Mullan LLP welcomes the newest partners

We are delighted to announce the new partners of McGrath Mullan LLP: Elaine O’Sullivan, Eoghan McMahon, Hannah Clinton, and Taise Azevedo from 1st of August 2023. Elaine O’Sullivan qualified as a Solicitor in 2017, she specialises in immigration law, judicial review, and surrogacy law. Holding an LLB in Law and

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The Assisted Decision-Making (Capacity) Act 2015

The eagerly awaited Assisted Decision-Making (Capacity) Act 2015 came into effect on the 26th of April 2023. The Act presumes that every adult has the capacity to make decisions, unless determined otherwise and seeks to improve decision-making supports and maximise a person’s capacity to make decisions, now or in the

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Closure of the Immigrant Investor Programme

The Minister for Justice, Simon Harris TD, has announced the closure of the Immigrant Investor Programme (IIP) in Ireland to all new projects from 15th February 2023. The IIP was introduced by the Irish Government in 2012 and it was a pathway for non-EEA nationals to secure a residence permission

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Employment Permits and Redundancy

While the Irish economy still appears to be growing, we are hearing more and more from clients who are at risk of being made redundant. Making the correct return within 28 days If you are on an employment permit, it is very important that if you are made redundant that

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Reckonable permissions for Naturalisation

In order to apply for Irish Naturalisation you must have lived in the State for a certain length of time. The specific requirements for an ordinary application (based on your own residency and not based on marriage or associations) are that you: Reckonable residence means residence in Ireland that counts

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New roles on critical skills employment permit list

Under new changes to the employment permit system announced recently (20 June 2022), employers and employees are now going to be able to apply for Critical Skills Employment Permits for the following categories of employees: Critical Skills Employment Permits are extremely attractive to employees as permit holders are allowed bring

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Bricklayers and plasterers now eligible for employment permits

Under new changes to the employment permit system announced today (20 June 2022), bricklayers and plasterers are now eligible for employment permits. This means that employers can now hire bricklayers and plasterers from outside of the European Union. This will be of significant benefit to contractors in dealing with current

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McGrath McGrane LLP wins Supreme Court immigration case

Our firm had a major success in the Supreme Court recently. The five-member court overturned the decisions of the High Court and Court of Appeal in our judicial review application on behalf of our (now 9-year-old) client. Our client had been denied Irish citizenship on the basis that his father’s

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Court of Appeal finds Immigration officer acted beyond powers

The Court of Appeal has recently found, by a two-to-one majority, that an immigration officer exceeded his permitted powers by retaining screenshots of messages from a man’s phone following an interview at Dublin Airport. In the case of Akram v. Minister for Justice and Equality & Anor [2022] IECA 108

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Bicycle accident on foreign holiday in France

A client of McGrath McGrane LLP suffered injuries as a result of a road traffic accident which occurred while our client was on holidays in France. Our client was cycling in the Alps when the bicycle was struck by an oncoming vehicle. As a result of the collision, our client

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Fast track to Stamp 4 for non-EEA doctors

The Department of Enterprise, Trade and Employment has announced changes to the immigration rules for non-EEA doctors. The new rules establish that doctors who have been working in the State for more than two years will immediately be able to access a Stamp 4 permission and spousal work rights. To

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Cyclist in motor vehicle accident settles case for €22,500

McGrath McGrane LLP provide excellent representation to clients for injury claims. Our partners and solicitors have represented many clients in respect of accident claims, including motor vehicle accidents, workplace injuries, etc.A client recently requested that McGrath McGrane LLP act on their behalf in relation to an accident where they were

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Legal professionals and employment permit eligibility

Generally speaking, “Legal Associate Professionals” such as legal executives, paralegals etc. are not eligible for employment permits, as these positions are included in the “Ineligible List of Occupations for Employment Permits” under category 352 of that list. There is an exception for employment of legal associate professionals who are fluent

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Q & A – Employment Permits

We have recently received many questions about the employment permits system in Ireland. The legislation underpinning this system is complex and nuanced so it can be beneficial to seek legal advice in relation to obtaining an employment permit and certainly in relation to appealing a refusal to grant one. Below

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€68,000 damages for workplace accident

McGrath McGrane LLP (McGrath Mullan) recently settled a case for in excess of €68,000.00 having been instructed by a client who suffered an accident at work. The client suffered significant personal injuries when they slipped in a stairwell at their workplace and fell down several stairs. As a result of

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Car accident with uninsured driver

McGrath McGrane LLP was instructed by a client who had been involved in a road traffic accident. The client’s car was crashed into from behind while stationary. The client suffered personal injuries as a result of the crash. Although the driver of the vehicle that hit our client’s car claimed

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Registration of Easements and Profits à Prendre

An Easement is a right which an owner/occupier of land has, by virtue of their ownership of land, over the land of a neighbour – for example, right of way, light, support and water. Profits à prendre are rights to go on another person’s land and take natural material from

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Undocumented Scheme to open on 31 January 2022

The Minister for Justice has announced the launch of a scheme to allow certain people who are living in Ireland without a permission to apply for a Stamp 4 residence permission. Applications to the scheme will open on 31st January 2022, and the Scheme will close on 31st July 2022.

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New scorecard approach for Naturalisation applications

The Department of Justice have introduced significant changes for applicants regarding the number of proofs required to establish their identity and residency as part of the Naturalisation application process. From January 2022, Naturalisation applications will be moving to a scorecard approach. Applicants will be required to reach a score of

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Tenant awarded €15,000 damages for poor conditions

The residential tenancies board can order landlords to pay damages where the landlord fails to maintain the structure and interior of the dwelling to a standard which meets the Housing Standards Regulations. In the case of Alison Stone (tenant) v Kevin Conroy (landlord), the tribunal ordered Mr Conroy to pay

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Recognition of Foreign Divorces in Ireland

If you have obtained a divorce outside of Ireland and you now reside here, it can be important to ascertain if your foreign divorce is recognised in this State. The Domicile and Recognition of Foreign Divorces Act 1986 (as amended) governs this particular issue since the act came into operation

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Advertising for Employment Permits

Applying for an employment permit can be very tricky. An application can be refused for many reasons including being on the wrong application form, for not being supported by the right documentation, or not carrying out the correct advertising (the “Labour Market Needs Test”) before submitting the application. A lot

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Irish citizenship for adopted children

Generally speaking, if you were born outside of Ireland and your parent (who was also born outside of Ireland) was an Irish citizen or entitled to be an Irish citizen at the time of your birth, then you are entitled to become an Irish citizen. To claim Irish citizenship in

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Bullying and stress disputes

McGrath Mullan LLP was instructed by a client who had an employment issue. The client had been subjected to a series of bullying incidents which led to the client being unable to attend the workplace and being medically certified unfit to do so. The client had made the employer aware

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Accident at work

McGrath Mullan LLP was instructed by a client who had been involved in an accident while at work. The client who was working in the bar industry unfortunately suffered a bad injury to their foot as a result of a beer keg falling on it. We advised the client in

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Injury due to falling glass

McGrath Mullan LLP was instructed by a client who had been involved in an accident when they were showered with glass from overhead, while having a coffee in an outdoor restaurant area. Extreme difficulty was encountered in trying to identify the party/parties responsible for the falling glass. After considerable investigations,

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New Personal Injuries Guidelines Introduced

The implementation of the Judicial Council Personal Injuries Guidelines, which came into effect on the 24 April 2021 will significantly change the manner in which the courts make assessments for damages in personal injuries cases. The Guidelines apply to the assessment of damages in all personal injuries claims made on

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Separation and Divorce

The breakdown of a marriage or relationship is an extremely stressful and emotional time for any couple, leaving with it, a wide range of complex issues to be considered. Some of the key issues to be determined in both Separation and Divorce will include terms to provide for custody of

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Introduction of eVetting for Citizenship Applicants

The Department of Justice has recently announced the introduction of eVetting as part of the citizenship application process. This eVetting process will be a requirement for all adult applicants who are resident in Ireland. For applicants who do not reside in Ireland, they will be required to continue to provide

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Healthcare workers now eligible for Employment Permits

In an effort to meet increasing demand, the Minister for Enterprise, Trade and Employment has announced changes to the employment permits system to allow non-EEA citizens to work in various healthcare roles which have been up to now been ineligible for the purposes of employment permits. As a result of

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Undocumented Migrants Scheme to be introduced

Minister for Justice Helen McEntee has recently announced draft proposals for a scheme, which it is hoped, will help thousands of undocumented migrants in the State achieve legal status. While the precise details of the scheme have yet to be finalised, what we do know is that in order to

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Registering Residency under the Immigrant Investor Programme

When applicants have been issued with a letter granting them permission to reside in the State, they should make an appointment to register their permission at Burgh Quay registration office in Dublin (which is temporarily closed due to COVID-19). All successful applicants and their family members will be granted a

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Residential Development Stamp Duty Refund Scheme

The Residential Development Stamp Duty Refund Scheme was introduced under the Finance Act 2017 and provides for the refund of a portion of stamp duty paid on the acquisition of non-residential land, where that land is subsequently developed for residential purposes. This effectively brings the stamp duty rate down to

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Workplace Accidents and PIAB Assessments

McGrath McGrane LLP was instructed by a client who had been involved in an accident at work. While removing goods from a high shelf, the client fell off a step ladder and suffered personal injuries of a soft tissue nature. We initiated a claim on behalf of the client, who

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Incentive for First Time Buyers

The Help to Buy (HTB) incentive is a scheme for first-time property buyers. It will help you with the deposit you need to buy or build a new house or apartment. The incentive will give you a refund of Income Tax and Deposit Interest Retention Tax (DIRT) that you paid

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Options when an executor fails to administer an estate

Executors can sometimes fail or refuse to administer an estate. There are steps that beneficiaries can take to get over this problem, as one recent case of ours suggests. McGrath Mullan LLP was recently instructed in relation to an estate where the deceased, an Irish resident with assets within Ireland,

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Immigrant Investor Programme

Irish Immigrant Investor Programme The Irish Immigrant Investor Programme is a very advantageous route to EU residency. Among its key attractions are its relatively low investment requirement (€1m), the low residency requirement (one day per year) and the speed at which it is processed (6 months). Ireland is an attractive

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