We are delighted to announce that as and from the 1st of December 2019 Kelly Dullea, Solicitors will merge with TJ Hegarty, Solicitors, 58 South Mall, Cork, website www.tjhegarty.com. TJ Hegarty Solicitors were founded in 1933 and are a long established and respected progressive Legal practice. Dermot Kelly and Finian Dullea have practised as Kelly Dullea for the past 15 years and have a built up a very successful Law firm with a particular focus on Commercial and Residential conveyancing. Martin Archer, Managing Partner, TJ Hegarty , Solicitors says, “We welcome both Dermot and Finian to our expanding team. Both [...]
New Criminal Courthouse for Cork
A new Criminal Courthouse has opened at Anglesea Street in Cork. The building originally houses all District Court sittings, but it is now a dedicated Criminal Court. The renovated building is up and running after almost three years, with works costing up to €34 million. It was closed at the end of July 2015, with all district court activity moving to the Washington Street complex. The Washington Street Courthouse now houses all civil and family law cases as well as criminal court sittings for juveniles.
Mediation Bill signed into law.
Legislation to promote the use of mediation as an alternative to court proceedings has been signed into law by President Michael D. Higgins. The Department of Justice has said the law signed yesterday will speed up resolution of disputes, reduce legal costs associated with such disputes, and reduce or avoid the stress involved in adversarial court proceedings.
General Data Protection Regulation
The General Data Protection Regulation will come into force on 25 May 2018 replacing the existing data protection framework under the EU Data Protection Directive. The regulation governs the privacy practices of any company handling EU citizens’ data, whether or not that company is located in the EU. It will tighten the rules for obtaining valid consent for using personal information. It also requires that public authorities and certain companies processing personal data on a “large scale” must have an independent data protection officer. The risks associated with IT and Cybersecurity are a key concern for not only the Central [...]
Companies (Accounting) Act, 2017
Most of the provisions of the Companies (Accounting) Act, 2017 came into effect on the 9th of June 2017 and makes a number of changes to the 2014 Act. The main changes are: The new Act transposes the EU Accounting Directive into Irish law. The directive deals with annual financial statements, consolidated financial statements and related reports of certain types of undertakings. The 2017 Act introduces changes to the preparation and governance of financial statements and related reports of companies.
Seperation of Criminal and Civil Courts
The Cork City courthouses have been separated so that all criminal business will now take place at the District Court courthouse on Anglesea Street while all civil matters will be conducted at the Circuit Court courthouse located on Washington Street.
Legal Service Regulation Bill
The new Legal Services Regulation Bill is back before the Dail in the final week of June. There has been considerable progress between the Department of Justice and the Law Society. The Government plan is to have the report stage of the bill taken and completed by the final week in June. and then returned to the Seanad in the Autumn.
New Examinership process for SME’s
Examinership is a process that allows a struggling business which has a prospect of survival, to avail of Court protection so that it has an opportunity to restructure its debts and thus give it a better prospect for recovery. Until now this process could only be conducted through the High Court and therefore it was a prohibitively expensive process for many SMEs. However, with the recent introduction of the Companies (Miscellaneous Provisions) Act, 2013 a new Circuit Court Examiner process has been introduced. The Circuit Court process is significantly more cost effective and will therefore help to aid many struggling [...]
New Monetary Jurisdictions for Courts in 2014
As and from 3rd February 2014 the new monetary jurisdictions will be as follows: - the jurisdiction of the District Court in civil proceedings will increase from €6,384 to €15,000. - the jurisdiction of the Circuit Court in civil proceedings will increase from €38,092 to €75,000, except in personal injuries cases where a reduced increase of €60,000 is introduced. - all other matters will be deaklt with in the High court.
Title Documents & Will Storage
We have a purpose built strong room for the safe storage of title documents. We provide safe custody facilities for clients free of charge who wish to store title deeds to their property in our strongroom. The documents are logged in our electronic registry and ready for inspection or collection at any time. In addition, we have a dedicated Will safe for clients who wish to store their Wills in a secure location. Please contact us if you wish to avail of these facilities.
Budget 2012 Approaches
Budget day has been confirmed as December 6th 2011. It is firmly believed that the rate of both Capital Gains Tax ("CGT") and Capital Acquisitions Tax ("CAT") will be increased in Budget 2012, perhaps to as much as 35% from the existing rate of 25%. Many commentators believe that ultimately these taxes may even reach 40% in due course. It is also strongly speculated that the CAT thresholds may also be reduced which essentially lowers the level of gifts or bequests that a person can receive on a tax free basis. Anyone contemplating or in the process of selling or transferring assets which [...]
New Law for Owner Management Companies
The Multi-Unit Development Act, 2011 has made sweeping changes to the law relating to management companies within apartment and multi-unit developments. The primary aim of the Act is to ensure that common areas within multi-unit development are handed over to the owners management company in a timely manner. Such management companies are made up of the owners of the units or apartments within the developments and it is through these companies that the owners insure, maintain and repair the common areas within the development. The Act also contains provisions on how the management companies are to be operated, including rules [...]
House Repossessions Halted?
Ms. Justice Dunne's recent High Court Judgement has effectively halted cases taken by lending institutes for repossession of mortgaged properties. The legal lacuna that was found to exist due to the repeal of 62(7) of the Registration of Title Act, 1964 means that banks are prevented from relying on this particular piece of legislation in their repossession claims. While Chapter 3 of the Land and Conveyancing Law Reform Act, 2009 introduced similar provisos to those repealed in the 1964 Act, these only relate to mortgages entered into after the 1st of December 2009. This provides breathing space for many distressed borrowers, at least until new legislation is enacted to remedy [...]
Increase in State Pension Age
The Social Welfare and Pensions Act, 2011 makes changes that impact on the existing State pension provisions. In particular, for new claimants the State pension (transition) will be discontinued with effect from 1st January, 2014. As a result there will be a standard State pension age of 66 years for everyone from 1st January, 2014. The Social Welfare and Pensions Act, 2011 also provides for an increase in the age for qualification for the State pension from 66 years to 67 years from 2021 and a further increase to 68 years from 2028.
DePUY ASR HIP SYSTEM
In August 2010 DePuy announced a recall of the ASR hip replacement systems. This arose as a result of a variety of complications arising with the units post hip replacement. It is our view and recommendation that prior to or indeed following such recall (and further surgery where recommended) patients should as soon as possible seek and obtain full legal counsel and advice prior to negotiating or accepting any expense or cost re-imbursement from DePuy. Our dedicated and experienced team will provide the necessary advice and counsel in regard to what steps should be taken by such patients to enforce [...]
Retierment of Basil Hegarty
On the 30th of November 2010, Basil Hegarty retired as a consultant to Timothy J. Hegarty & Son after 46 years in practice and will no longer practice as a Solicitor. Basil was instrumental in bringing the firm to where it stands today, as one of Cork premier legal practices. Through his years in practice he continuously raised the bar both in our firm and within the profession at large. His service and input will be greatly missed by all at Timothy J. Hegartys, however his influence will continue to show in how the firm progresses.
Stamp Duty Changes in Budget 2011
The Minister for Finance announced certain changes in relation to stamp duty in his Budget speech on the 7th of December 2010. NEW RATES A new lower rate of 1% will apply to instruments where the consideration attributable to residential property does not exceed €1,000,000. A higher rate of 2% will apply to the excess of the consideration over €1,000,000 RELIEFS ABOLISHED Many of the previous Stamp Duty reliefs have been abolished, including: Section 83A of the Stamp Duties Consolidation Act 1999 – this exemption applied where a site was transferred by a parent to a child for the purpose of [...]
Big changes for Irish Companies entering International Commercial Contracts
With the enactment of the Arbitration Act 2010, Irish companies will have instant access to a recognisable and internationally accepted code of international arbitration law, originally devised by the United Nations Commission on International Trade Law, and known colloquially as the 'Model Law'. The Act enables Irish businesses to obtain an arbitration award/judgment that can be easily enforced against a company in another country (provided that country has either adopted the Model Law or has ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards). If the country in which you are seeking to enforce the award/judgement meets this [...]
New Regulations for Commercial Undertakings
There has been much publicity following from recent events involving Solicitors Undertakings given to Banks as part of commercial transactions. The Law Society has carried out a significant consultation process with people from both inside and outside of the legal profession. It was clear from this consultation process that there was an overwhelming support for the prohibition of such Commercial Undertakings. Accordingly, the Council of the Law Society has passed a regulation abolishing Commercial Undertakins from the 1st of December 2010. To review the Regulation, please see the following link: http://www.lawsociety.ie/Global/eNewsletters/ebulletin/SI366_2010.pdf