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Legal Briefing
Cyclists and the Law
 

News & Media

 

Aug 25, 2017

Cyclists and the Law

Cyclists and the Law

Jul 11, 2017

Vacant Site Levy- The Urban Regeneration and Housing Act 2015

Vacant Site Levy- The Urban Regeneration and Housing Act 2015

May 10, 2017

Rent Control

Rent Control

Feb 3, 2017

Help to Buy incentive

Help to Buy incentive (HTB)

Jan 10, 2017

TRANSFERRING A FARM – GIFT TAX

TRANSFERRING A FARM – GIFT TAX

Nov 21, 2016

NEW BOOK OF QUANTUM FOR INJURY CLAIMS

NEW BOOK OF QUANTUM FOR INJURY CLAIMS

Nov 18, 2016

Group Thresholds for Capital Acquisions Tax

Group Thresholds for Capital Acquisions Tax

Jun 9, 2016

Personal Injuries

Personal Injuries

May 25, 2016

Making a will to benefit a child with special needs and/or a vulnerable adult

Making a will to benefit a child with special needs and/or a vulnerable adult -points to consider

Feb 17, 2016

ASSISTED DECISION MAKING (CAPACITY) ACT 2015

ASSISTED DECISION MAKING (CAPACITY) ACT 2015

Jan 7, 2016

WORKPLACE RELATIONS ACT

WORK PLACE RELATIONS ACT 2015

Jan 7, 2016

Water Charges

WATER CHARGES

Dec 9, 2015

Water Charges When Selling a Property

Water Charges When Selling A Property

Oct 16, 2015

Water Charges

Landlords- Are your Tenants registered with Irish Water?

Oct 14, 2015

Budget 2016

Budget 2016-Summary of the changes affecting Property, Stamp Duty and Capital Taxes

 


Jun 17, 2015

Taxation of Second Homes

TAXATION OF SECOND HOMES.

Apr 28, 2015

What are Water Charges?

What are Water Charges? - Updated

Dec 8, 2014

Nursing Home Support Scheme

Nursing Home Support Scheme

Nov 17, 2014

ANIMAL HEALTH AND WELFARE ACT 2013

ANIMAL HEALTH AND WELFARE ACT 2013

Sep 29, 2014

What are Water charges?

What are Water Charges?

Jul 23, 2014

Relief From Rates?

Commercial property rates.

May 7, 2014

CHANGING YOUR NAME BY DEED POLL

To change the name on your passport or other official documents it would be necessary to execute a document known as a Deed Poll.

May 1, 2014

NPPR CHARGE - PERIOD OF GRACE

The Non Principal Private Residence (NPPR) charge which was introduced in 2009 was a €200.00 annual charge for each of the years 2009 to 2013, levied on residential properties which were not the principal private residence of the owners or their families.

 

Apr 2, 2014

Fatal Injury - What price human life?

Fatal Injury:

If you are unfortunate enough to have lost a loved one through the negligence of a third party, even where there is no direct financial dependency, you may be entitled to recover damages such as the funeral expenses and/or the damages for mental distress (also known as “Solatium”)

 

Oct 7, 2013

New Law – Increasing Parental Leave at Work

Under new Employment Regulations which came into operation in Ireland on the 8th of March 2013, the existing Parental Leave entitlement in Ireland has been increased from 14 weeks to 18 weeks.

Jun 25, 2013

Local Property Tax

If you own a residential property in Ireland you will be liable for payment of the Local Property Tax (LPT) which came into effect in 2013.  

Apr 22, 2013

What does Bankruptcy Mean

If a person is unable to repay their debts, they can be declared a Bankrupt. A person can take steps to declare themselves Bankrupt or a creditor who is owed money can apply to the Court to make a person Bankrupt.

Sep 3, 2012

Rights of Way - A Legal Minefield

Do you rely on a right of way to get into your home, farm or business? Do your pipes, sewers or cables cross someone else's property?

 

Jul 9, 2012

Septic Tank Registration Charge

Septic Tank Registration Charges now payable Pursuant to the Water Services (Amendment) Act 2012

May 11, 2012

NAMA 80/20 DEFFERED PAYMENT INITIATIVE

The 80:20 deal, NAMA's latest offering to tackle the motgage crisis.

Feb 21, 2012

Good Samaritan

A Good Samaritan will not be personally liable in negligence for any act done in an emergency.

 

Jan 13, 2012

Cyber Bullying - The Law

Apparently there is an average of 10 billion messages sent on Facebook and 500 million tweets sent every single day.

Given the sheer volume of people involved in this freedom of expression, it is inevitable that it would give rise to problems.    One of the most serious and devastating emerging problems is Cyber-Bullying.

In short this is bullying some-one online or by mobile phone, where the bully’s actions are deliberate, hostile, and intended to harm.

It can be incessant and with ease the bully can remain anonymous while publishing their venom to a mass audience.  It can cause catastrophic results.

 

So when does a bully break the law – the problem is that the law has not kept up with the speed of development of social media. In the real world, once reported, a crime can be easily identified as having been committed in a specific legal jurisdiction, governed by the laws of that jurisdiction. The worldwide nature of the web and the ease of remaining anonymous on line can make identifying the bully and the location of their crime difficult to action. An added complication is that the bully is often but not always minors.

 

In the wake, of an alarming increase in suicides, where cyber-bullying has been identified as a significant factor, the Irish Government has pointed to Section 10 of the Non-Fatal Offences against the Person Act 1997, as the current law to fight cyber-bullying.

 

A brief look at that section in the act, refers to the offence of harassment:

Where harassment is defined as seriously interfering with a person’s peace and privacy or causing alarm, distress or harm to the person. A person found guilty on conviction on indictment, shall be liable to a fine or to imprisonment for a term not exceeding 7 years or to both.

 

For a successful conviction the harassment must be persistent, and that can be very difficult to prove in the virtual world, and could provide a readymade defence to avoid conviction.  The Law Reform Commission – the legal Irish watchdog have been asked by the Government to review the laws on cyber-bullying, as part of its review of domestic violence laws.

For the time being there are some other acts that are relevant in Internet safety, namely the Data Protection Act 1988, and the Data Protection (Amendment) Act 2003, the Child Trafficking and Pornography Act 1998, and the Interception Act 1993, and Video Recordings Act 1989.

 

It is clear however that a hard hitting and tailor made law, is required to effectively deal with cyber bullying, with tough sanctions for those convicted, together with a comprehensive legal code governing online conduct.

 

It is unacceptable that in 2013, we continue to rely on an Act that was passed in 1997, when the social media was in its infancy, the law appears outmoded and ineffective and needs to play catch up fast.

 

In the meantime all Serious Issues should be reported, for more see www.hotline.ie, which is run by the Internet Service Providers Association of Ireland (ISPAI) supervised by the Department of Justice, Office for Internet Safety (OIS), in cooperation with An Garda Síochána .

Written by

 

Maura Lawton.

Jan 6, 2012

New Household Charge

The new Household Charge is payable on 1st January 2012 and will be a charge on the property if not paid.

Dec 19, 2011

Multi Unit Development Act 2011

The MUD Act - A long overdue piece of legislation introducing new obligations on Developers and providing greater assistance to homeowners.

Nov 22, 2011

30 km/h Speed Limit Cork City Centre

 

A 30 km/h speed limit zone is being introduced for Cork City Centre.

Nov 8, 2011

Contractual Lovin’ – Pre Nuptial Agreements.

Pre nuptial Agreements may become more common in the future.

Sep 26, 2011

Rights of Way and Easements, Changes in the Law

 

Changes in the law regulating registration of Rights of Way.

 

Aug 30, 2011

Squatters Title

 

Adverse Possession. Do you have vacant property? Do you regularly check it's boundaries?

 

Jul 29, 2011

Landlord's Nightmare

A dispute which started over an electricity bill in the PRTB in 2005, finishes in the Supreme Court in 2011.

 

Jul 10, 2011

The New Companies Bill – Better for Business?

Companies Bill  marks the beginning of landmark change to Irish company law.

Jun 20, 2011

Tax Changes Consequent to the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

 

Cohabiting couples expecting changes to the tax regime must be disappointed.

 

May 13, 2011

Civil Partnership Act 2010

Radical changes for both same-sex and opposite sex couples

 

Apr 5, 2011

The Cost Of Insurance and The Injuries Board

The Injuries Board is a body set up by the Government in 2004 as a response to Ireland’s “claims culture” and was intended to reduce the cost of insurance. It’s introduction was driven by the insurance industry.

 

 

Mar 30, 2011

“Breaking up is hard to do!”

“Breaking up is hard to do!”    So said “The Carpenters”, not knowing the constraints imposed by the Irish legal system on couples who get into difficulty.

 

 

Mar 15, 2011

Making a Will – Why bother?

Making a Will - Why Bother? It is surprising the high proportion of people who die every year without having made a will, or intestate, to use the legal term.

 

 

Mar 1, 2011

Rights of Way - A Legal Minefield

Do you rely on a right of way to get into your home, farm or business ?    Do your pipes, sewers, cables cross someone else’s property ?

 

 

Sep 17, 2010

Capital Acquisitions Tax

Capital Acquisitions Tax comprises Gift Tax, Inheritance Tax and Discretionary Trust Tax. Gift tax is charged on taxable gifts taken (other than on a death) on or after 28 February, 1974 and Inheritance Tax is charged on taxable inheritances taken (on a death) on or after 1 April, 1975. A once-off Inheritance Tax applies to property subject to a discretionary trust on 25 January, 1984, or becoming subject to a discretionary trust on or after that date.

 

 

 

 
 
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