Legal News
Articles, Case Studies & Legal News from McGrath Mullan Solicitors
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
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
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
€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
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
STAMP DUTY INCENTIVES on Residential Property – proposed and existing
RTE News reports recently that new regulations which would allow vacant and derelict pubs to be turned into homes, without the requirement for planning permission, will come before the Oireachtas at the beginning of next month, February 2022. Minister for Housing, Darragh O’Brien, has also said a new grant will
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
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.
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
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
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
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
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
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
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
The 6 most important things to be decided in Family Law proceedings
If you are unfortunate enough to be involved in Separation or Divorce proceedings, ensure that you have the 6 most important bases covered in Family Law proceedings:- 1. Obtain a Divorce decree or a Judicial Separation order so that you will be in a position to move on with the
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,
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
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
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
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
Successful High Court ruling on a child’s personal injury settlement
McGrath Mullan LLP was instructed by the parents of a child who suffered personal injuries while in a McDonald’s restaurant. The accident occurred when a member of staff accidentally knocked over a hot beverage cup. Unfortunately, the contents of the cup spilled on the child causing the child to suffer
Section 117 Applications – Where a parent has failed to provide for a child in their Will
The area of probate litigation is an expanding one. In particular, McGrath Mullan LLP, is dealing with increasing queries relating to Section 117 of the Succession Act 1965. This section of the Succession Act provides that if the child of a deceased parent feels that they have not been properly
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
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
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
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
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
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,
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
Irish Grant of Probate with UK domicile
For beneficiaries of wills made by UK residents, getting control of assets held in Ireland as part of the administration of the estate can be difficult. We can assist. We regularly take instructions from UK based clients in respect of an Irish Grant of Probate to deal with Irish assets
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