All the time in the World – Statute of Limitations
Tuesday, 12 March 2019
What is the Statute of Limitations? The Statute of Limitations sets out the length of time a person has to make a claim as a result of an action or omission that gives rise to the claim. Once the specified time has passed an action can no longer be brought. The logic is grounded on
- Published in Medical Negligence, Personal Injury & Litigation
Enduring Power of Attorney – Planning for a Future where I can no longer make decisions for myself
Tuesday, 12 March 2019
There are many important decisions to be made when planning for the future. One of those may include a situation where your health has deteriorated and you no longer have the capacity to voice your wishes. WHAT IS THE ASSISTED DECISION-MAKING (CAPACITY) ACT 2015? The Assisted Decision-Making (Capacity) Act 2015 provides multiple tools for ‘future
- Published in Wills, Succession & Estates
What Happens Your Family Home in Bankruptcy?
Monday, 11 March 2019
What happens to the family home in bankruptcy? This is a very emotive issue and one that we are frequently asked when dealing with bankruptcy issues. This blog looks at the issue and answers the most commonly asked questions.
- Published in Bankruptcy & Insolvency
Succession Rights for Separating Couples
Thursday, 01 November 2018
A quick guide to partners rights on separation and the need to review their wills.
Recent developments in Mediation
Tuesday, 07 August 2018
Mediation is a process whereby a neutral third party assists clients in achieving a solution to meet their needs. Many people see Court as a daunting and expensive upheaval. One of the major drawbacks to litigation is the lack of flexible and creative solutions. These drawbacks cause a failure to meet the demands of clients
- Published in ADR, Arbitration, Dispute Resolution & Mediation
Children, Inheritance, Property Ownership and Father’s Rights
Monday, 23 July 2018
The area of law on children is delicate and complex. The most common issues that arise with children are guardianship and custody. However, the scope of children within the law goes far beyond parental rights. One common aspect is that of entering into a contract with a child. A minor may enter into a contract
- Published in Wills, Succession & Estates
Cancer Scandal
Wednesday, 18 July 2018
Clear answers on the cervical cancer scandal could be delayed even further after Taoiseach Leo Varadkar admitted thousands of women potentially affected will have to individually give permission before their tests can be examined. News of the extra cases emerged as Health Minister Simon Harris admitted the need to contact up to 3,000 women who
- Published in Medical Negligence
Time Limits and the Knowledge Principle
Tuesday, 26 June 2018
The Statute of Limitations is an integral part of every legal process. The classic example of the statute in practice arises in cases concerning adverse possession, where the person making a claim of ownership must have occupied the property in question for a period of 12 years. The court has taken varied approaches, at times imposing
- Published in Medical Negligence, Personal Injury & Litigation
A Question of Capacity? Assisted Decision-Making
Friday, 08 June 2018
There are many important decisions to be made when planning for the future. One of those may include a situation where your health has deteriorated and you no longer have capacity to voice your preferred treatment options. WHAT IS THE ASSISTED DECISION-MAKING (CAPACITY) ACT 2015? In a sense the Assisted Decision-Making (Capacity) Act 2015 provides
- Published in Wills, Succession & Estates
Pension’s in Bankruptcy Proceedings – A review of recent case law
Thursday, 10 May 2018
What happens to a person’s pension is always a matter for concern when they get into financial difficulties. This can be further complicated by financial difficulties which might result in bankruptcy. When someone goes into bankruptcy, as a general rule, all assets owned by the bankrupt vest in the Official Assignee in Bankruptcy. As a
- Published in Bankruptcy & Insolvency
Family Home in Bankruptcy Proceedings
Thursday, 10 May 2018
The position of the family home in Bankruptcy is that while the Lender has options under the legislation they invariably keep the family home out of bankruptcy.
- Published in Bankruptcy & Insolvency
Is there a time limit on justice? – The Statute of Limitations and Medical Negligence
Thursday, 03 May 2018
Under our legal system, there are strict time limits – known as ‘limitation periods’ within which you are entitled to begin court proceedings seeking damages for personal injuries, including cases of misdiagnosis.
- Published in Medical Negligence
Female Led Women’s Medical Negligence Department
Wednesday, 02 May 2018
There have been many examples of medical negligence over the last number of years. This is something that causes people great anxiety and distress. Legal Team Gillian O’Mahony heads up the Women’s Medical Negligence Department at Lynch Solicitors and has successfully concluded many complex Medical Negligence actions in all areas of clinical and medical negligence
- Published in Medical Negligence
Cervical Cancer Misdiagnosis – HSE under pressure after Vicky Phelan settles her lawsuit for €2.5 million
Tuesday, 01 May 2018
Last week, Vicky Phelan, settled her High Court action against the HSE after she was given incorrect smear test results and is now terminally ill with cervical cancer. Breach of Trust Speaking outside court Ms Phelan said that her case was “unforgivable” and an “appalling breach of trust”. She also stated that “There are no
- Published in Medical Negligence
