Legal News
Articles, Case Studies & Legal News from McGrath Mullan Solicitors
Incentives for First Time Buyers and Eligible Home Buyers
The First Home Scheme (FHS) was recently introduced by the Government to assist first-time buyers who want to purchase a newly constructed property and are having difficulties in securing the full purchase price from their mortgage and deposit. In addition to first Time Buyers, the scheme also allows for people
Registering a Foreign Adoption
For any adoption which took place abroad to have legal effect in Ireland it must first be registered with the Adoption Authority of Ireland (AAI). In 2010 the law in relation to adoption changed substantially with the Adoption Act 2010. As a result, the AAI will only recognise two types
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
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
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
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
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
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
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
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
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
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
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
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
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
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