Services
Accident Claims*
Generally you have two years within which to bring your claim. It is important that your claim should be brought at the earliest possible opportunity following your injury. If your claim is not made within two years of the accident, your claim becomes statute barred and no claim for compensation can then be made.
To succeed you must be able to show that some other person was at fault and caused the accident and injury you sustained. In some cases it will be clear that you have a good prospect of success. However, in other cases this may not be so.
It is in nobody’s interest to pursue a claim that has a slim chance of success so we will provide you with sound legal advice from the start. We offer assistance and advice using plain language to guide you through every step in this process once we are satisfied that you have a good case.
For Personal Injuries, most cases must now be brought to the Injuries Board for assessment. We will assist you in the completion of the appropriate forms and advise you and assist you in your decision to accept or reject the Injury Board's assessment. We will assist and represent you through this process.
If you would like to discuss your case you may contact us by phone or through the schedule a consultation button above.
"*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement".
Wills, Probate & Inheritance
In Ireland it has been estimated that approximately 1 in 3 people die without having made any will. When this happens the person is said to have died intestate. This often causes hardship and delays for those who are left behind.
We recommend that detailed professional advice should always be obtained and carefully considered by you before you make your will.
Every person who owns property, owns or runs a business, is married, or has children who are under 25 years of age should make a will.
If you are in a relationship not based on marriage you should also put a will in place to make sure that your partner stands to benefit after your death. A valid will is the cheapest method of controlling and directing the future ownership of assets. Unless you are satisfied to let the State dictate what should happen your property after you die you should contact us to tailor a will to your particular needs and wishes. We will help, advise and assist you with all of the stages involved in administering the deceased’s estate.
We advise on the completion of all the inheritance tax forms, make an application to have the Grant of Probate issued, finalise the tax situation, apply for tax refunds (if any apply). We also prepare the appropriate documentation to transfer the deceased's assets to the intended beneficiaries and pay any debts due. Once all assets have been called in and liabilities disposed of and discharged (to include any tax liability) we then distribute the net estate in accordance with the terms of the will if there is one, or the law, if there is not.
Re-Mortgages & Top Ups
Accessible credit is a necessity in modern day life and sustains our consumer driven society. If you are a property owner you have the option of re-financing by what is termed equity release. A loan advanced to you secured on your property is much cheaper than an unsecured loan at much higher interest rates.
The “top-up” is the most straight forward form of re-financing. It is often referred to by the banks as “an equity release” and involves you taking advantage of the fact that the value of your home is much greater than the amount outstanding to your bank.
If the “debt to equity” ratio (also called the “loan to value” ratio) has become quite low, your bank may now regard you as a low risk borrower and be prepared to make a further loan advance. Top-up loans are commonly used for household improvements or to re-organise your personal debt. Loans are approved on the basis that the mortgage held on your property is already well secured against the improved and increased value of your home and your ability to repay.
When you decide to proceed by way of re-mortgage, this involves the changing of lending institution from your current mortgage provider to a new one. If you instruct us to take care of this business for you, we will take up your title deeds from your old bank, make a full investigation of title and recommend it to your new bank. In addition we will also pay off the full amount owed to your old bank i.e. redeem your mortgage, obtain a discharge and certify the title so that the loan advance you need can be drawn down.
Property
Our firm has extensive experience in the purchase and sale of all types of residential property including houses, apartments, duplex units, pre-63’s, multiple residential dwellings (houses in separate self-contained flats), tax designated – tax incentive properties.
We can assist you with all the legal formalities associated with purchasing or selling property new or second hand either as a home or an investment property.
You may have developed the property since you first bought it and there may be planning issues to be considered at the outset.
Please note that we will need to take up your title deeds from your mortgage provider (if applicable) and it is advisable to let us work on this as soon as you decide to put your property on the market.
Armed with the documents, deeds and early instructions from you we can anticipate pre-contract enquires and requirements of the purchasers or sellers solicitor to smooth the path ahead.
We maintain close contact at all times with your estate agent to ensure that all efforts are made to reduce the stress associated with moving your house.
We seek to anticipate at the earliest opportunity any possible difficulty with your transaction in advance and have developed a special detailed questionnaire which we go through carefully with you. If you are purchasing a property we work closely with you, your mortgage provider and your architect if necessary. We work at finding solutions to solve any potential problems or pitfalls on the horizon. Your file will be handled at all times by an experienced solicitor who will ensure that your transaction runs as smoothly as possible.
Commercial Property
We act for a wide range of commercial clients who call on our services in their business dealings. We have over 20 years experience in the sale and purchase of all types of commercial property. We provide advice to developers setting up new housing developments or apartment schemes. We offer a complete service in the area of commercial leases. We advise on all aspects whether making or taking on a new or existing lease or a lease combined with a purchase option in a business start-up situation.
We act for the vendors, purchasers, developers, landlords and tenants of hotels, bars and public houses and off-licences.
We provide conveyancing services in acquisition or disposal of licensed premises, pubs, hotels, restaurants, off-licenses, commercial/industrial units, shop premises, guest houses and B&Bs.
We provide advice to our developer clients at all stages of their proposed developments. Our services include preparation of Booklets of Title, setting up Management Companies, Membership Certificates and registration with Home Bond or Premier. We ensure the setting up a workable scheme of management if the development is not to be taken in charge by the local authority.
We provide continuing advice and guidance on all ancillary legal matters in relation to site developments including rights of way to sites, rights of way-leave to sites and acquiring sub sites from other developers by agreement.
Shares
If a commercial property is owned by a stand-alone company set up specifically for that purpose (i.e. one company, one property) it opens up the opportunity to buy the company and with it the property owned as opposed to just acquiring the property itself by way of a traditional conveyance. We provide advice, guidance and services to our clients in this area.
We act on behalf of clients who purchase and sell shares in companies. We draft and review the appropriate legal documentation necessary such as the share purchase agreements, tax indemnities and disclosure letter.
We advise and assist our clients to make a vigorous examination of the company before purchasing it in a process known as due diligence. The purchaser may often need to employ other professionals e.g. a tax advisor, accountant, architect, engineer and am insurance broker, to work with us and to advise on particular aspects of the transaction.
We are involved in the preparation of the share purchase agreement, disclosure letter, preparation of the disclosure bundle and approving by negotiation the adequacy of verification notes and certificates.
There are both upsides and downsides to proceeding by way of share process, as opposed to the more conventional conveyance process. Much depends on the needs of the client, the company's activity and the particular circumstances of each case. Factors to be considers are costs of transaction, speed of completion, certainty of outcome, remedies against a vendor or purchaser who delays. Other considerations include the confidentiality and disclosing commercially sensitive information during the due diligence process to a proposed purchaser, legal costs and potential tax savings.
Licencing
Licensing is an extensive and specialised area of our commercial practice. We act for clients in all aspects of licensing Law including representation in the District Court and Circuit Court. We act for buyers, sellers, developers, shop owners, options holders, landlords and tenants of bars, public houses, hotels, restaurants, supermarkets, convenience stores, retail outlets, and off-licenses.
We can advise you in many areas relating to the licensed trade and provide you with dependable expertise, advice and representation in the following areas:
-
Purchase and sale of licensed premises
-
Taking or granting a lease of licensed premises
-
Transfer of licenses
-
Renewal of licenses
-
Applications for new licenses
-
Revival of lapsed licenses
-
Licensing history
-
Bar extensions and special exemptions
-
Early morning or general exemption licenses
-
Endorsements
-
Planning matters
-
Fire Officer requirements
-
Construction and fit out of premises
-
Renewal applications in the annual Licensing Court
Employment Law
We act for both employers and employees needing advice and representation in this area. We are an experienced firm with an established track record in this specialised area. If you are in a dispute or your rights are being infringed, you should seek legal advice.
We act for clients in applications before the Rights Commissioner, Employment Appeals Tribunal and Labour Relations Court.
We provide advice and representation for redundancy, discrimination, harassment, constructive dismissal, unfair dismissals and allegations of misconduct.
Discrimination is problem that presents itself increasingly in the workplace. Whether it be in the form of sex, age, religion, disabilities. We will assist you if you feel that your rights are being infringed, threatened or disregarded.
Business Start-ups
For some people the dream of someday owning their own business never becomes a reality. Some fear the unknown particularly the legal implications and fail to realise their ambitions. With the right information and advice your goal can be achieved. If you have made the first bold decision to forge your own future you will need to decide the legal framework that best suits your new business.
Once you have decided whether to be a sole trader, partnership or a limited liability company. You will need to consider setting up a base for your activity.
This decision will be made after you have fully understood and considered:
-
What the financial needs and risks are
-
Whether you are averse to being personally liable for your business
-
Whether you want to shoulder or share the work, worry and responsibility
-
How much personal control you want to have over it.
We can act for you in the purchasing or leasing of your new business premises or a base in a shared service centre. If you are considering leasing a property we can also advise you on ancillary options.
Notary Public
Declan J O’ Connell is a Notary Public, appointed by the Chief Justice of the Supreme Court of Ireland and holds a Diploma in Notarial Law and practice.
The services of a Notary Public are required in relation to the witnessing and execution of documents that will be used in another jurisdiction. A Notary Public is a Public Officer constituted by law to serve the public in non-contentious matters, usually concerned with foreign or international business.
