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What to do if you are in a car accident
Dealing with the unexpected scenario of any accident is difficult. In the moment it can be hard to know what to do. Caroline McLaughlin is a Partner in our Personal Injuries Department. Here she outlines some key points to consider if you are involved in a car accident.
What to do at the scene of a road traffic accident
- The first thing to do if you are involved in a car accident is to safely stop the car as soon as possible.
- You should notify Garda of any accident that you are involved in. They will either attend at the scene or may investigate afterwards.
- Find out how everyone is following the accident. Asking someone if they are ok is not an admission of Liability. So often when taking instructions regarding the circumstances of an accident a client will state “they didn’t even ask if I was ok.” While there is no doubt that people are uncertain as to what to do human nature should dictate that the main concern after any accident should be to enquire as to the wellbeing of those involved. Such enquiries are not an admission of Liability.
- You should never leave the scene of an accident. If you do you may face a criminal prosecution.
- If no Gardai can attend exchange insurance particulars and details. Take note of key details; time, location, weather conditions, the number of passengers in the various cars involved as you will need to notify your insurance company of such details. If Gardai are not present you should document these details as soon as possible as an aide memoir.
- Take photographs where possible of any vehicle damage, registration plates, skid marks on road.
What to do after you have been involved in or witness a car accident
- Retain any dash camera footage.
- Notify your insurance company immediately regardless as to whether you feel blames rests with you or not. You are obliged to notify your insurance company regardless and it will protect your interests in the event that a claim is brought against you.
LISTEN BACK: Caroline McLaughlin interviewed on The Pat Kenny Show on Newstalk. Interview starts at 2 hours 45 minutes.
Car accident clams and compensation
- If you receive a Letter of Claim/ Letter of demand in the days following an accident you should immediately notify your insurance company. They will deal with such correspondence for you. Do not reply to the letter yourself. Furthermore, you do not need to reply via Solicitor. Simply notify your insurance company and send them a copy of the letter. This is the purpose of your insurance cover.
- If your vehicle is damaged and is brought to a garage you should note that you will only recover reasonable storage charges and accordingly, efforts should be made to either resolve matters with the other insurance company or claim through your own comprehensive cover. Your own insurance company will then seek to recover their outlays through the relevant party.
- If your vehicle is deemed to be a write off, you will only recover the net book value of the car not what you feel that you would be able to sell it for or the value is has to you.
- If you are injured, you should seek legal advice as soon as possible.
- By Law you must issue a Letter of Claim within 1 month of the accident date. If you fail to do so a Judge shall draw inferences as appear proper and either refuse legal costs or reduced legal costs accordingly where the interests of justice require.
If you have questions about any of the issues raised in this article you can contact Caroline McLaughlin, Partner in the Personal Injury Practice Area of Callan Tansey Solicitors, on 071 916 2032.
*In contentious business, a solicitor may not calculate fees or charges as a percentage or proportion of any award or settlement
What to Do If You Experience Domestic Abuse in Ireland
Domestic abuse can take many forms. These include physical violence, sexual abuse, emotional abuse, intimidation, financial and economic abuse and coercive control. Here our Orlagh Sharkey, Head of Family Law, outlines the various steps you can take if you are experiencing domestic abouse.
If you are subject to domestic violence you can make immediate applications to the District Court for orders such as an Interim Barring Order or Protection Order. These applications can be made to a District Court Judge at relatively short notice to the Court Clerk. If there is an immediate risk of danger to you an emergency order can be obtained on a temporary basis until the full hearing of your case before the court.
What is the Difference Between a Safety Order, a Barring Order and a Protection Order?
Safety Order
A Safety Order is in order of the court which prohibits a person from further violence and threats of violence. There is no obligation on the party whom a Safety Order is made against to vacate the home. If the person does not reside with you the Safety Order can prohibit them from watching or being near your home to include restricting communication with you.
Barring Order
A Barring Order on the other hand directs the abusive person to vacate the home. It prohibits the person from entering a place until further order of the court or until such time as specified by the court. A Barring Order can prohibit the person from using threatening behaviour or violence against the person or molesting or putting in fear the person. It also prohibits them from watching a place where the person resides and engaging in communication electronically or otherwise or following the applicant. A Barring Order can remain in place for up to 3 years after its initial ordering and it can be renewed if necessary.
Protection Order
If you have applied for a Safety Order or a Barring Order and you are awaiting a hearing before the court it is possible to obtain an interim order. This is an order which lasts until the hearing of your case. Such an order is a Protection Order and it is granted in circumstances where there are reasonable grounds for believing that the safety or welfare of a person requires the making of a Protection Order. An application for a Protection Order can be made Ex parte. This means that the person against whom the order is made is not aware of the application for the order.
When there is an Immediate Risk of Harm from Domestic Abuse
If there is an immediate risk of significant harm to you or a dependent person you can make an immediate application to the court for an emergency Barring Order which will require the abusive person to vacate the home immediately and prohibits that person from re-entering the home. Such an order can be obtained in the District Court and will last for eight days at which point an application for a permanent Barring Order should be made.
When to Seek Help For Domestic Abuse
Any person living in a controlling or abusive relationship should seek help. There are many supports available through Women’s Aid and the Domestic Violence Advocacy Services which will support a person in making the necessary court applications. Coercive control and domestic violence can have a detrimental effect on one’s confidence and general well-being and as a result it is best to avail of help immediately and obtain the protections of the court.
In my experience of dealing with victims of domestic violence the situation does not get better with time but rather worsens. The effects of a violent relationship are long-lasting on the adults and children involved. It is therefore advisable that any person who is suffering abuse at the hands of another person would seek immediate assistance.
If you have any questions about the issues raised in this article you can contact Orlagh Sharkey by email or phone on 071 916 2032.
Personal Injuries Guidelines Explained
Since 6th March, 2021 the level of damages attributable to injuries arising from an incident are clearly defined in the Personal Injuries Guidelines. The maximum compensation that can be awarded under Irish Law for General Damages is capped at €550,000.
General Damages is the term used to describe compensation by way of settlement or court award for pain and suffering as a result of a specific injury or multiple injuries arising from an incident.
Here our Caroline McLaughlin, Partner discusses some of the most frequent injuries encountered and how such injuries are valued by reference to the Personal Injury Guidelines.
Types of Personal Injuries
Shoulder Injuries
Depending on the severity an injury to the shoulder can be a very significant injury affecting someone’s ability to work and interfere with quality of life. The most severe injury may result in paralysis and damage to the brachial plexus nerve. A dislocated shoulder is regarded as a serious injury under the Personal Injury Guideline together with a fractured humerus and rotator cuff injury. Moderate shoulder injury includes a frozen shoulder where there is limitation of movement and symptoms persisting for some years following an incident. Minor shoulder injuries included soft tissue injury and a simple fracture of the clavicle (collar bone). Under the Personal Injury Guidelines shoulder injuries are valued as follows:
Severe €100,000- €150,000
Serious €40,000 – €75,000
Moderate €18,000-€35,000
Minor €500 – €12,000
Personal Injuries Guidelines for Psychiatric Damage
Under Irish Law damages are only awarded for a recognised psychiatric injury. Whilst grief is compensated by way of a fatal injury action the guidelines helpfully clarify that upset, distress, grief, disappointment and humiliation are not compensated. They also set out criteria which will assist in classifying the injury as either Severe, Serious, Moderate or Minor. The guidelines treat separately Post Traumatic Stress disorder under the same classification system of Severe, Serious, Moderate or Minor. Under the guidelines such injuries are valued as follows:-
Psychiatric Damage generally
Severe €80,000- €170,000
Serious €40,000-€80,000
Moderate €15,000- €40,000
Minor €500-€15,000
Post-traumatic stress disorder
Severe €60,000- €120,000
Serious €35,000- €80,000
Moderate €10,000- €35,000
Minor €500- €10,000
Personal Injuries Guidelines for Neck Injuries
As with all categories of injury, a Neck injury can range from a very significant to a minor injury. Severe injury under this category can include neck injury with incomplete paraplegia, permanent injury or a requirement to wear a collar for a considerable period. They also include fracture or damage to disc in the cervical spine resulting in severe disabilities. Serious neck injuries include those as a result of fracture or dislocation that may require spinal fusion. Moderate injury includes exacerbated pre-existing injuries and moderate soft tissue injuries. Minor neck injury is often classified as a whiplash injury. Whilst this type of injury can attract negative views those who have suffered an injury of this nature will be aware of the pain and discomfort caused by such injury.
Most Severe €100,000- €300,000
Severe and serious €35,000- €100,000
Moderate €12,000- €23,000
Minor €500- €12,000
Personal Injuries Guidelines for Back Injuries
Back injuries range from the most severe back injury falling short of complete paralysis. Severe back injury includes nerve root damage with association conditions and disc lesions leading to severe conditions and ongoing disability. Moderate injury will include crush fracture of vertebrae, prolapsed disc requiring surgery and damage to disk with nerve root irritation and effecting mobility. Minor back injuries are typically soft tissue injuries These are categorised by reference to the time period within which a substantial recovery is achieved.
Most severe €150,000 – €300,000
Severe and Serious €50,000- €140,000
Moderate €20,000 – €55,000
Minor €500- €20,000
Personal Injuries Guidelines for a Spinal Cord Injury
Injuries involving paralysis are dealt with separately within the guidelines. Noting the catastrophic nature of the injuries when determining general damages for Quadriplegia other factors are taken into account when determining general damages to include, age, life expectancy, extent of residual movement, pain, effect on other senses, psychological effects and effect on familial and other relationships. Similar criteria are considered in respect of Paraplegic with the addition of consideration of the level of independence.
Quadriplegia €400,000- €550,000
Paraplegia €320,000- €450,000
Personal Injuries Guidelines for a Brain Injury
Head injuries are classified on the basis of their severity. Most serve brain damage will result in an individual in a vegetative state. The category of severe brain damage will involve a conscious state but requiring constant care. Serious and moderate covers a range of situations from intellectual deficit requiring constant care to an individual who has made a good recovery but still has poor memory, concentration, mood. Minor brain injuries are described as where brain damage is minimal and is further classified in terms of time period to achieve substantial recovery. The guidelines also provide separately for epilepsy and other epileptic conditions.
Most severe Up to €550,000
Severe €300,000- €400,000
Serious and Moderate €25,000- €350,000
Minor €500- €25,000
Epilepsy €70,000- €180,000
Other epileptic conditions €10,000 – €37,000
If you have questions about any of the issues raised in this article you can contact Caroline McLaughlin, Partner in the Personal Injury Practice Area of Callan Tansey Solicitors, on 071 916 2032.
*In contentious business, a solicitor may not calculate fees or charges as a percentage or proportion of any award or settlement
Cancer Misdiagnosis Lawsuits and Cases
Cancer misdiagnosis victims may be able to file a medical negligence, or medical malpractice, lawsuit against the doctor or other party responsible for the cancer misdiagnosis. When filing a lawsuit against another party, the patient or patient’s family is referred to as the plaintiff. The doctor or other party in question is referred to as the defendant. A cancer misdiagnosis lawsuit may be filed against any party responsible for the cancer misdiagnosis, such as a doctor nurse, pathologist, or any entity to include the hospital in question that employs the responsible personnel.
Any medical negligence case can be complex and time-consuming. When patients believe that medical negligence was the cause of their cancer misdiagnosis, the patients and their families should seek the legal assistance of a specialist lawyer who can review the case’s facts, file a claim, and follow-through with the legal process.
Cancer Misdiagnosis Case Elements
As with any medical negligence lawsuit, the plaintiff holds the burden of proof in a cancer misdiagnosis case. This means that the plaintiff is responsible for providing sufficient evidence by way of expert medical reports that the defendant is guilty of the allegation(s) made by the plaintiff. The standard in relation to the burden of proof in Ireland is that negligence and causation are proved “on the balance of probabilities”. In order to do this, the plaintiff must prove basic elements that establish a medical negligence lawsuit.
The plaintiff must prove that:
- There was a “doctor-patient” relationship
- The doctor acted negligently, which led to the cancer misdiagnosis
- The doctor’s negligent cancer misdiagnosis caused harm to the patient
- The patient’s cancer misdiagnosis harm resulted in loss to them in relation to both pain and suffering for which general damage are recoverable and actual specific monetary loss for which special damages are recoverable.
Doctor-Patient Relationship
If the defendant is a doctor, the plaintiff must first prove the existence of a doctor-patient relationship. This means that the doctor was “hired” by the patient through an agreement from both parties. When a doctor-patient relationship is established, the doctor accepts legal responsibility for providing the patient with a certain level and standard of care. If a proper doctor-patient relationship was never established, the plaintiff’s case may not have legal standing. In cancer misdiagnosis cases where the defendant is not a doctor, the same principle applies.
Doctor Negligence
The plaintiff must then prove that the doctor or party acted negligently during treatment of the patient. The test for the proving of Medical negligence in Ireland is whether a Doctor has been proven to be guilty of failure that no medical practitioner of equal specialisation or general status and skill would be guilty of if acting with ordinary care and that no medical practitioner of like specialisation and skill would have followed his actions had they been taking the ordinary care required from a person of his qualifications.
In order to prove negligence, the doctor’s actions will be examined to determine if the doctor met the industry’s standard of care. The standard of care is the level care that all patients are reasonably expected to receive. This is typically assessed by comparing the actions of the doctor to the actions of another doctor with similar skill, knowledge, and specialization. And irrespective that care must not be shown to have inherent defects.
Patient Injury and Damages
Once the doctor’s negligence has been established, the plaintiff must prove that the negligent action in question was the cause of the patient’s harm. The patient’s harm must be able to be classified as certain types of legal damages. Damages are classified as economic (special), non-economic (general), and punitive.
Cancer misdiagnosis damages may include:
- Additional past and future medical bills
- Lost wages due to missed work
- Lost earning capacity due to disability
- Pain and suffering
- Loss of quality or enjoyment of life
- Loss of consortium, or loss of companionship
Proving Cancer Misdiagnosis
In a cancer misdiagnosis lawsuit, the plaintiff must be able to prove that the cancer misdiagnosis occurred as a direct result of the negligence of the doctor or other party in question. This is an important step of the legal process, as cancer misdiagnosis can occur despite full competency and attention from the treating doctor. Proving that the doctor’s negligence led to cancer misdiagnosis is often a difficult and complex process.
The plaintiff may have a cancer misdiagnosis case if:
- The doctor failed to identify symptoms that were reasonably apparent, and thus would have been identified by a similar doctor
- The doctor failed to order the appropriate cancer testing, despite the presence of certain symptoms that would cause a similar doctor to order testing
- The doctor did not use proper protocol or procedure when conducting cancer testing, leading to errors in the test results
- The doctor disregarded laboratory recommendations to conduct additional testing based on the results of a test, such as a tissue sample biopsy
- The testing laboratory failed to identify or analyse abnormal cell activity, such as abnormal growth patterns in a tissue biopsy
- The Doctor or hospital failed to follow up on outstanding test results
Working With A Medical Neglience Solicitor
Patients who wish to file a cancer misdiagnosis lawsuit should speak with an experienced medical negligence solicitor as soon as possible. A specialist Medical Negligence solicitor can help to determine if the patient has a case by collecting preliminary data surrounding the incident and conducting medical and legal research needed for a potential case.
Once a lawsuit has been filed, your solicitor can provide guidance and legal assistance through the duration of the legal process.
Cancer Misdiagnosis Medical Negligence Claims Time Limits
If a person wishes to pursue a medical negligence claim they have 2 years from the date of the incident giving rise to the claim or the date of knowledge i.e. when the injured person first learnt that his/her injury was related to the clinical negligence event.
If you have any questions about the issues raised in the article above you can contact us on 061 318924.
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Women’s Health: The Cervical Scandal and the Fight for Mandatory Open Disclosure
We should never have heard of Vicky Phelan or Ruth Morrissey or any of the other women affected by the cervical cancer scandal.
At least not for being young women and mothers and terminally ill with cervical cancer. Because a system that was supposed to protect them let them down very badly.
Their bravery and courage are in sharp contrast to the abject failings of the State agencies charged with protecting our health. It is chilling to think of the silent death toll that would have continued to rise unchecked, had Vicky Phelan not been so brave.
Health System Reluctant to Admit Mistakes
There is something rotten at the heart of our health system. It’s a reluctance to own up to mistakes – a fear of being sued. This is corrosive and unless and until it changes, nothing will change and we will continue to have more Vicky Phelans and Irene Teaps and Emma Mhic Mhathúnas and Ruth Morrisseys. Publishing his final report, some four years after his initial report, Dr. Gabrielle Scally finds that we are apparently no closer to seeing a meaningful move towards normalisation of open disclosure within the HSE.
Legal System for Medical Negligence Unfit For Purpose
As a lawyer it also pains me to say that the legal system we have in place to deal with medical negligence cases is structurally unfit for purpose. I have to work with this system every day. I sit with clients who have been traumatised by the clinical failings of their doctors; a trauma that is made worse by the manner in which they are treated by hospital management when they seek answers and by the manner in which the State defends their case. This trauma goes on for years.
Member of the 221 group have found that they have been treated as 2nd class citizens when trying to access treatment. This is an absolutely appalling state of affairs and shocking to the core.
Medical Negligence Clients Treatment by the State
As I think of these women this week I am reminded of my clients who have suffered themselves or lost their loved ones – babies, young women, young fathers and grandparents – through medical negligence and who were treated appallingly by the State.
I have had cases which were so clear-cut in terms of negligence that I forwarded my experts’ reports to the State at a very early stage to avoid protracted litigation only to be met with a full defence and then settlement talks on the morning of the hearing of the case. This “defending the indefensible” cannot continue. It’s unconscionable.
Thankfully the truth has come about the shortcomings in the screening of cervical cancer but we came very close to it lying buried forever. Vicky has done the women of this country a huge service with her bravery.
We Need Mandatory Open Disclosure
We need the medical profession and the State agencies such as the State Claims Agency which manages medical negligence claims on behalf of the State to undergo a real and meaningful change in their approach to clinical errors. Mandatory open disclosure of these errors is the only credible way forward, the word “Should” needs to be replaced with “Must”!
My fear is that with the passage of time, memories will fade and we will slowly settle back into the couch of complacency.
Legacy of Vicky Phelan
Vicky Phelan was a remarkable woman whose courage has given us the opportunity to finally put the patient and their families at the heart of our health system and to treat citizens who bring cases as human beings rather than an inconvenience.
I continue to be involved in many of what have come to be known as the “Cervical Check” cases and my question is this; why is the state continuing to let terminally ill women such as Vicky Phelan RIP and many more before her, waste their precious time and I mean precious, fighting labs while the HSE who after Ruth Morrissey have been found to have an indelegable duty towards these women, sits back as no more than a named party. The HSE and SCA have the resources and backing of the State, these women have to fork out multiple thousands of euros to establish a basis for their cases and that’s just the expert reports. I find the labs others amongst the most aggressive litigants I’ve ever encountered. They employ the largest legal firms, most plaintiffs would never see inside the front door or should I say lobby of their buildings.
This would be an incredible legacy for the lady who as Ryan Tubridy put it was “the best President we never had”.
If you have any queries related to this article please contact Niamh Ni Mhurchú, Joint Managing Partner at Callan Tansey Solicitors LLP at nnm@callantansey.ie or on 071- 9162032.
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Recognising and Dealing with Coercive Control
Coercive Control is a common and often unseen form of Domestic Abuse. Ireland is one of the first countrries in the world to recognise coercive control as an offfence and introduce legislation to protect people from the subtle form of abuse. Here Orlagh Sharkey, Head of Family Law, explains what is meant by Coercive Control, and what steps victims should take.
What is Coercive Control?
Section 39 (1) of the domestic violence act 2018 sets out the offence of coercive control. It is a criminal offence for a person knowingly and persistently to engage in behaviour that is controlling or coercive. In order to satisfy this criteria, section 39 sets out that a person’s behaviour has a serious effect if the behaviour causes the relevant person to fear that violence will be used against him or her, or serious alarm or distress that has a substantial adverse impact on his or her usual day-to-day activities. The penalties if convicted of such an offence is a fine or imprisonment up to 5 years.
A relevant person is set out under section 39 as the spouse or civil partner of that other person or someone who is not related but is or was in an intimate relationship with that other person.
What are Some of the Signs of Coercive Control?
- Humiliating and degrading treatment of you by this person
- Restricting or controlling your finances
- Intimidation or threats to you
- You are subjected to physical violence or sexual abuse
- Restricting your movements or controlling your everyday life to such an extent that you are restricted in what you can wear, where you can go, when you can sleep etc
- Damaging your belongings
- And isolating you from family and friends
What To Do if You Are a Victim of Coercive Control
Make a Report
The first step is to report the abuse to an Garda Siochana. They will assist you, give you advice and obtain a statement from you. The Gardaí will then investigate the allegation which will involve gathering evidence such as obtaining your general practitioner records and looking at financial records such as bank statements and viewing social media ,text messages, emails etc.
Identify Witnesses and Retain Evidence
The Gardaí will contact any witnesses who may have evidence of this behaviour towards you and seek to obtain statements from any such witnesses. Mobile phones, laptops and computers will be examined by the Gardaí and when a file is complete it will be forwarded to the director of public prosecution seeking a direction on prosecution, that is whether or not a prosecution should be pursued.
Seek Help
Any person living in a controlling or abusive relationship should seek help. There are many supports available through women’s aid and the domestic violence advocacy services which will support a person in making The necessary court applications. Coercive control and domestic violence can have a detrimental effect on one’s confidence and general well-being and as a result it is best to avail of help immediately and obtain the protections of the court.
In my experience dealing with victims of domestic violence the situation does not get better with time but rather worsens and the effects of a violent relationship are long-lasting on the adults and children involved. It is therefore advisable that any person who is suffering abuse at the hands of another person would seek immediate assistance.
If you have any questions about the issues raised in this article you can contact Orlagh Sharkey by email at osharkey@callantansey.ie or by phone on 071 916 2032.
Maintenance Payments in Separation and Divorce
In a separation or divorce, there is often a requirement for maintenance payments. Before separation a couple pool their resources and cover the costs of the household on a shared basis. However, when separation occurs the finances are no longer pooled and instead the same finances are used to finance two separate households. Clearly this reduces the monies available to the family. This coupled with the increased cost of living is the perfect storm. Here our Orlagh Sharkey, Partner, and Head of Family Law at Callan Tansey Solicitors addresses some frequently asked questions about Maintenance Payments.
What are Maintenance Payments?
Maintenance is a payment which is made in respect of dependent children on a weekly, fortnightly or monthly basis. The District Court can Order maintenance up to a maximum of €150.00 per child. The Circuit or High Court have no limits in terms of the amount of maintenance that can be ordered. A once off lump sum payment of maintenance in relation to a particular item of expenditure can also be directed by the court.
How Does Rising Cost of Living Impact Maintenance Payments?
Many families are facing into a very difficult Winter with rising utility bills and generally increased household costs. Families are under immense financial pressures, in particular separated families and single parents.
Many separated parents have obtained an Order for Maintenance at the time of their Separation. This order could be many years old and out of date in terms of the current costs of the household. Maintenance may need to be reviewed.
Can Maintenance Payments Be Reviewed?
Maintenance can be reviewed at any stage by agreement between the Parties or on application to the court. This may be something families need to consider as the cost of living increases.
Are There Different Kinds of Maintenance Payments?
Yes, spousal maintenance is paid in relation to a Spouse. A typical example is a stay at home parent who has given up their employment to care for the dependent children and is dependent on the working spouse. On separation the stay at home parent should receive maintenance. Maintenance in respect of a dependent child is paid to the primary carer of the child to cover the cost of maintaining the child i.e school expenses, food, medical expenses etc.
What is a Maintenance Order?
A maintenance order is an order of the Court directing a father or mother to pay a sum of monies to the other parent of a dependent child in order to financially support that child of Spouse.
How Much Maintenance Must a Father Pay in Ireland?
I am regularly asked if Fathers have to pay maintenance. Maintenance is not specific to any Gender. A mother or Father can be ordered to pay maintenance irrelevant of Gender. The obligation to financially support a child is on all parents irrelevant of marital status. If a parent is not financially supporting a child a maintenance Order can be sought from the courts.
Can Maintenance Be Paid Directly To The Child?
Maintenance is generally not paid directly to a dependent child unless the child is much older (17+) and attending third level education. Usually maintenance is paid to the primary carer of the child to fund the expenses of that child.
How Are Maintenance Payments Calculated in Ireland?
Maintenance is based on the paying Spouses means i.e what can the person afford to pay based on their income. A comparison of income vs expenses takes place with a Judge deciding what is a fair payment taking into account the financial needs of the child. For example a child with a disability or special care needs may require a greater sum of maintenance than a child who has no additional needs.
What is The Average Maintenance Payment in Ireland?
The average payment in Ireland is from €40.00 to €75.00 per child. A person with a minimal income may be directed to pay a nominal sum whereas a person with greater means will be ordered to pay a much greater sum.
How do you Enforce a Maintenance Order in Ireland?
If a person fails to pay maintenance the monies can be deducted at source from their wages on application to the court. If there is continued failure to pay maintenance a person can be Committed to Prison if necessary.
What Age do Maintenance Payments Stop in Ireland?
Maintenance ceases when a child reaches 18 or 23 years of age if the child continues in full time education.
Orlagh Sharkey is a Partner at Callan Tansey Solicitors LLP, and head of the Family Law department. She has extensive experience supporting families to achieve the best outcomes in cases of Separation and Divorce. You can email Orlagh or contact her by phone on 071 916 2032.
How To Get A Separation or Divorce In Ireland
If you have reached the difficult decision that your marriage is over, the next step is to formally separate. Getting a separation or divorce in Ireland involves contacting a Solicitor who will go through the best options open to you after going through your personal circumstances. Usually the first step is to agree arrangements in relation to any dependent children of the marriage so as to ensure each parent can see the children with as little disruption to the children as possible.
What Is The Process For Separation In Ireland?
The process for separation can be very difficult and emotionally charged. It can take some time to resolve the issues. If matters can be agreed between the parties using mediation this is always the fastest and most cost effective.
However, the reality is that in a separation, relationships have often broken down to such an extent that mediation will not work. If court applications are required this will take some time. Access and Maintenance issues in the District court can be dealt with within a number of months.
The division of the marital assets for example the family home and lands will be dealt with in the Circuit or High court and this can take up to two years for completion depending on the issues.
A number of options are open to the parties in order to effect Separation and Divorce namely the following:-
Is Mediation Used In Family Law Cases?
The parties can attend mediation with a view to agreeing all matters between them. This is non adversarial and is done with the assistance of a Mediator. It does not involve court attendance and can be very beneficial for many couples. A mediated agreement can then be converted into a Divorce by a court if either party requires a Divorce. However, Mediation will not work for every couple.
What Is A Separation Agreement?
Therefore the next alternative step to be considered by the parties is that of a separation agreement. This involves each spouse Instructing a solicitor to represent their interests. Financial documentation is exchanged between the parties and both solicitors assist the parties in negotiating an agreement in relation to all matters to include custody, access, maintenance and the division of the couples financial assets. Quite often a separation agreement can be the basis for a consent Divorce (Divorce by agreement) which is ruled by the court.
What Is A Judicial Separation?
If agreement cannot be reached then the next step is to proceed with an application to the court by way of a Judicial Separation. The parties can apply for a Judicial Separation or Divorce depending on the length of time the couple have been separated. A judicial Separation will deal with all issues to include Access, Maintenance, Properties, Pensions etc.
What Is The Process For Divorce In Ireland?
In order to apply for a divorce in Ireland a couple must be two years separated. If the parties do not qualify for a Divorce they can proceed with a judicial separation application. Both of these applications are essentially asking a Judge to make orders in relation to all matters pertaining to the dissolution of the marriage. This will include orders dealing with Custody/Access, maintenance, the division of properties and other financial assets to include Pensions.
Custody And Access after Separation Or Divorce in Ireland
A court in dealing with Custody and Access in respect of dependent children will always make Orders considering what is in the best interests of the children.
How Are Property And Other Assets Divided After Separation Or Divorce?
In dealing with the marital Assets a court will strive to achieve proper provision for both Spouses.
This is a division of the assets which represents a fair division bearing in mind the contributions by both parties during the course of the marriage and the needs of the parties at the time of the matter coming before the court.
Separation and the dissolution of a marriage is a very difficult time for any family. The legalities involved can often be daunting for the parties. However as set out above there are many avenues open to a separating couple. There is no one size fits all. The key to an efficient and fair separation is to ensure you employ the correct method of separation for your family situation. Every family is different and each family requires an approach tailored to their particular circumstances.
Orlagh Sharkey is a Partner at Callan Tansey Solicitors LLP and Head of the Family Law Department. If you have questions about any of the issues raised in this article, or any other matters relating to Family Law you can contact Orlagh directly here.
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The Tommy Marren Show on MidWest Radio
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Callan Tansey LLP named among Best Law Firms in Ireland
A recent survey completed by thousand’s of legal experts across Ireland named Callan Tansey Solicitors LLP as one of the best law firms in Ireland. The survey was carried out by Statista on behalf of Mediahuis. It included a peer-to-peer survey of solicitors working in law firms and a survey of business clients. Those surveyed were asked to nominate law firms in a range of different specialist areas of practice.
Medical Negligence and Personal Injuries
In the survey, Callan Tansey Solicitors LLP was named as one of Ireland’s top law firms in the areas of Medical Negligence and Personal Injuries. We were one of only a handful of law firms to have its expertise in this area of law recognised. This is a wonderful endorsement of our Medical Negligence and Personal Injuries teams. It follows Callan Tansey Solicitors LLP being named Law Firm of the Year for Medical Negligence and Personal Injuries at the 2021 Irish Law Awards.
One of Best Law Firms in West of Ireland
Callan Tansey Soliicitors LLP was one of the few law firms outside Dublin to be named on this list of best law firms in Ireland. With offices in Sligo, Boyle, Balina, Galway and Limerick, Callan Tansey Solicitors LLP attracts clients throughout the Northwest, West, Southwest and Midlands. Having a further office in Dublin, and secure video conferencing facilities at all our offices ensures that we can provide legal services to clients nationwide.
Survey Methodology
The survey was conducted on line between March 28 and May 20, 2022. A total of 1,026 legal professionals took part. Self recommendations, i.e. recommendations of one’s own law firm) were prohibited.
Photo Credit: Sunday Independent
Employment Law Update: Right to Request Remote Working
Back in February, the Tánaiste and Minister for Enterprise, Trade and Employment Leo Varadkar referred the General Scheme of the Right to Request Remote Working Bill to the Joint Committee on Enterprise, Trade and Employment for pre-legislative scrutiny. The fruits of the Committee’s labour can be seen in its 54 page Report, published on 7th July which it sets out a series of recommendations it hopes the Government will take on board before the legislation is finally signed into law. Here Brian Gill, Partner at Callan Tansey Solicitors examines the recommendations made by that committee.
Recommendations on the Right to Request Remote Working
The Joint Committee on Enterprise, Trade and Employment recommendations include:
- Reducing the minimum service period before an employee can make a request to work remotely from 26 weeks to 12 weeks or less
- Reducing the bureaucracy associated with the drafting of policies related to remote working and providing SMEs with supports in this regard
- Addressing the anomaly whereby it is not an offence to not have a policy on remote working but it is an offence for an employer not to inform their employees of their policy
- Enshrining in law the principles underpinning a reasonable Code of Practice for the operation of remote working and allowing the WRC to design how they should be applied in different workplace situations
- Introducing legislation which would mandate the WRC to draw up a Code of practice upon which the employer’s remote working policies would be based
- Considering a right of appeal against the employer’s policy in circumstances where there are a high level of refusals of reasonable requests by that employer.
- Introducing tighter grounds in primary legislation so that unreasonable refusals should be open to challenge
- Aligning this legislation with the General Scheme of a Work Life Balance and Miscellaneous Provisions Bill 2022
- Retaining the provision giving the employer 12 weeks to respond to a request for remote worker in circumstances where the employer is developing its remote working policy for the first time.
- Reducing the amount of time that the employer must respond to the first request.
- Revisiting the wording of and strengthening objectivity in grounds A, B, C, D, G, H, I, J, K and M, set out below, for declining a request for remote working
Most Significant Recommendation on the Right to Remote Working
This recommendation , which looks to tighten up the grounds upon which a request can be declined, is arguably the most significant recommendation and the one that is likely to have the most far-reaching impact in practice.
The current grounds are as follows:
(a) The nature of the work not allowing for the work to be done remotely
(b) Cannot reorganise work among existing staff
(c) Potential Negative impact on quality of business product or service
(d) Potential Negative impact on performance of employee or other employees
(e) Burden of Additional Costs, taking into account the financial and other costs entailed and the scale and financial resources of the employer’s business
(f) Concerns for the protection of business confidentiality or intellectual property
(g) Concerns for the suitability of the proposed workspace on health and safety grounds
(h) Concerns for the suitability of the proposed workspace on data protection grounds
(i) Concerns for the internet connectivity of the proposed remote working location.
(j) Concerns for the commute between the proposed remote working location and employer’s on-site location
(k) The proposed remote working arrangement conflicts with the provisions of an applicable collective agreement
(l) Planned structural changes would render any of (a) to (k) applicable
(m) Employee is the subject of ongoing or recently concluded formal disciplinary process
In its Report the Committee members acknowledged that much of the commentary surrounding the Bill had not been positive. Much of this negative commentary surrounded the aforesaid grounds of refusal which the Committee believes were “cumbersome” and “require change”. As things stand, the concern is that employers will all too easily find a way of being able to rely on one of the above grounds employee representative groups will want to see that balance recalibrated before the Bill becomes law. The Government’s final position is eagerly awaited.
Brian Gill, Partner, is Head of Commercial Litigation and Employment Law at Callan Tansey Solicitors. If you have any questions about the Right to Remote working and how it may impact you or your business you can contact Brian at BGill@callantansey.ie
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