Luke Hanahoe

Nullity of marriage is a declaration by the Family Law Courts that a marriage is null and void and that no valid marriage exists between the parties. Nullity is very different to Divorce. A Divorce is an order from the Family Law Courts ending a marriage, a Nullity is the declaration that the marriage never existed.

There are two types of marriages that can be annulled, ‘void marriages’ and

‘voidable marriages’. A ‘void marriage’ means the marriage never took place, so

theatrically there is no need to get an Order from the Family Law Courts annulling

the marriage. That said, for the avoidance of doubt it is always advisable to obtain

an Order of Nullity form the Family Law Courts. There are various reasons why a

marriage can be deemed void, the most common of which are that at the time of the

ceremony one of the parties lacked either capacity or consent to enter into the

marriage contract.

A ‘voidable marriage’ requires an Order from the Family Law Court for it to be annulled and the marriage is valid until that order is obtained. Again there are various reasons why a marriage can be voidable, they most common of which is that at the time of the ceremony one of the parties is incapable of consummating the marriage or that either or both parties were incapable of entering into or sustaining a proper or normal marital relationship. This is generally due to some type of psychiatric or personality disorder.

For further information on nullity or indeed any aspect of Family Law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

This article is merely for information purposes only and is not and should not be taken as legal advice. If you have any queries in relation to this or any other Family Law matter, you should consult with a solicitor who specialises in Family Law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.

If a Garda sustains personal injuries* while preforming his duties, he/she may be permitted to bring a personal injury* claim under the Garda Siochana (Compensation) Acts.

Such claims are limited to members of an Garda Siochana who have suffered:

• personal injuries* which have been maliciously inflicted while in the performance of their duties; or
• personal injuries* which have been maliciously inflicted while acting in the general capacity of a member of an Garda Siochana when off duty; or
• personal injuries* which have been maliciously inflicted because they are a members of An Garda Siochana.

Dependants of deceased Gardai who were fatally injured* can also bring claims for compensation, provided the deceased member was fatally injured* in circumstances as stated in either paragraph (a), (b) or (c).

If a Garda has sustained personal injuries* in any of the above mentioned circumstances, it is necessary for him to submit his claim to the Garda Compensation Section within three months of the date of the incident. While the Minister may consider late applications, the longer the delay in submitting your application, the less likely it is that it will be accepted. It is therefore essential that you consult with a solicitor who specialises in personal Injury* law and more particularly Garda Compensation claims*, immediately.

Once a personal injury* claim has been submitted, the Minister will consult the medical evidence and the Garda Commissioner to consider:

• whether the injury sustained was minor or non-minor
• whether the incident is covered by the provisions of the act.

In considering whether the personal injuries* are minor or non-minor, the Minister is guided by the McGee and Merrigan Judgements. The Merrigan Judgment states that a minor personal injury* is one where there has been a ‘complete recovery within a matter of weeks with no adverse sequel’. If the Minister finds that the personal injury* is minor or that the incident is not covered by the provisions of the act, the Minister at liberty to refuse the application. While there is no provision under the act for bringing an appeal, additional information can be submitted at this juncture.

If your personal injuries* claim is accepted an authorisation is issued and same has to be lodged in the High Court within two months.

For information on Garda compensation claims* or indeed personal injury* claims, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

This article is merely for information purposes only and is not and should not be taken as legal advice. If you have any queries in relation to this or any other personal injury* matter, you should consult with a solicitor who specialises in personal injury* law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

On the 1^st January 2015 the Finance Bill came into law, but what impact will it have on the farming community?

1. Changes to Capital Acquisition Tax

Capital Acquisition Tax relief will now only be available in respect to property gifted to or inherited by ‘active farmers’ or to individuals who are not active farmers, but who lease out the property to active farmers on a long-term basis. An ‘active farmer’ is defined as someone who spends not less than 50% of their normal working time farming the land on a commercial basis with a view to making a profit.

2. Capital Gains Retirement Relief.

Capital Gains Retirement Relief will be available on land that has been leased for up to 25 years ending in the disposal. This is an increase on the previous period of 15 years.

3. Consanguinity Relief.

Consanguinity Relief which applies to the transfer of non-residential property to certain relatives, has been extended to December 2017, in appropriate circumstances, where the recipient is an active farmer. This relief halves the amount of stamp duty payable from 2% to 1%.

If you require further information on the Finance Bill or you have any other queries on Agriculture law please do not hesitate to contact Hanahoe and Hanahoe Solicitors LLP on 045897784 or @ info@hanahoeandhanahoe.com;

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of agricultural law, you should consult with a solicitor who specialises in agricultural law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors until you receive written confirmation that we are acting as solicitors on your behalf.

Being involved in a road traffic accident can be incredibly stressful and quite traumatic, particularly where you have sustained personal injuries*. Naturally, at the time of the accident, your sole concern is that you, your passengers and the other parties are not badly injured. At the time of the accident, you are often not concerned about, or indeed do not know, who is at fault. However to protect your interests, particularly where you have sustained personal injuries* or could be facing criminal charges, you should do the following:

1. Never admit liability (do not say that the accident was your fault) at the scene of an accident.
2. Never leave the scene of an accident without making sure that everyone is okay, contacting the Gardaí and obtaining the third party’s contact and insurance details.
3. You should never give a statement to the Gardaí without first consulting with a solicitor who specialises in criminal law.
4. Never speak to the third party’s insurance companies. Tell them to contact your solicitor.
5. Never ever enter into settlement negotiations without consulting with a solicitor, who specialises in personal injury*law. In the early aftermath of an accident, it is impossible to know how badly you have been injured or what potential medical treatment you may require. It is therefore inadvisable to settle any personal injury claim you may have at this juncture.
6. Never attend a medical appointment arranged by the third party’s insurers without consulting with a solicitor who specialises in personal injuries*.
7. Never repair your vehicle without consulting with a personal injury* solicitor, as it may be necessary to have the vehicle inspected.

For further information in relation to a road traffic accident* or indeed any aspect of personal injury* or criminal law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

This article is merely for information purposes and is not, and should not be taken, as legal advice. If you have any queries in relation to this or any other aspect of personal injury* or criminal law, you should consult with a solicitor who specialises in personal injury* or criminal law. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

The Six Nations is now in full swing and we thankfully welcomed back Johnny Sexton to the team after a long absence due to concussion. With the World Cup only nine months away and with Ireland having just confirmed their intention to bid to become the host nation of the 2023 tournament, it is notable that the biggest rugby story over the last twelve months has been concussions and the serious personal injuries* players can suffer as a result of them.

By definition, a concussion is ‘a type of traumatic brain injury’ usually caused by a blow to the head or body. It would be expected that brain injuries of any kind would be taken extremely seriously. However historically there has been a dismissive attitude to concussions in all sports. This has unfortunately resulted in a small, but not insignificant, number of players suffering serious personal injuries* or, in some cases, even fatal injuries. This was recently highlighted in March of last year when the High Court approved a settlement of €2.75m, after a school boy suffered horrific personal injuries*, arising out of him sustaining two concussions in a relatively short period of time.

The settlement by the NFL of a massive class action personal injury* law suit, brought by retired American Football players, again highlighted the dangers, not only to the players, but also and to the sport as a whole, of not taking concussion injuries seriously.

Thankfully the IRFU now seem to be taking the issue of concussions seriously, as seen by the submissions they made in October last to the Oireachtas Joint Committee on Health and Sport. The challenge for the IRFU will be educating the coaches, particularly those coaching at lower levels, of the dangers of concussion and the serious personal injuries* they can cause and how to identify when a player has suffered a concussion.

Hopefully Johnny Sexton will stay clear of any future concussions. If he could also steer us to a defence of the Six Nations Cup, well, that you would be great too.

For further information on any aspect of personal injury* law, please do not hesitate to contact Hanahoe and Hanahoe solicitors on 045 897784 or at info@hanahoeandhanahoe.com.

This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to any aspect of personal injury* law, you should consult with a solicitor who specialises in personal injuries*. No solicitor/client relationship or duty of care or liability of any nature exists between you and Hanahoe and Hanahoe solicitors, until you receive written confirmation that we are acting as solicitors on your behalf.

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

The case of O’Keeffe v Ireland has dramatically changed the responsibility the State has in protecting pupils in public education. The outcome of this case may mean that the State is liable for Personal Injuries sustained by pupils as a result of being bullied by their peers.

Ms O’Keeffe had sued the State for Personal Injuries and breach of Constitutional rights arising from the sexual abuse she suffered at the hand of a teacher. Ms O’Keffe’s case was dismissed in both the High Court and Supreme Court on the basis that the State could not be vicariously liable for the acts of the teacher, due to the relationship of the state and denominational management of national schools. They also found that she had no action for breach of Constitutional rights given that the law of tort protected her rights.

However on appeal, the European Court of Human Rights over turned the decision of the Supreme Court, stating that the decision was a violation of Article 3 and 13 of the of the European Convention on Human Rights. In its decision it stated that given the ‘vulnerable nature of children, it is an inherent obligation of government to ensure their protection from ill treatment, especially in a primary education context, through the adoption, as necessary, of special measures and safeguard.

This judgment could potentially mean that State may be liable for Personal Injuries suffered by pupils due to bullying, in circumstances where the school is shown to lack sufficient anti-bullying measures.

If you have any queries regarding personal injuries or any other aspects of Law, please do not hesitate to contact Hanahoe and Hanahoe, Solicitors, 16 North Main Street, Naas, County Kildare.

Tel: 045 897784     086 6013611 (24 hours)

Email: info@hanahoeandhanahoe.com

Website www.hanahoe-solicitors-naas.ie

Over the last twelve months there has been significant criticism over the handling of many Medical Negligence cases and particularly over the delays in which liability is accepted for the personal injuries suffered by plaintiffs in successful Medical Negligence cases.  

As a result of such criticism a Medical Negligence working group, has been set up to draft proposals for ‘pre-action protocols’ for the handling of Medical Negligence cases.

These protocols will require both the Plaintiff and the Defendant to set out their case at the start of litigation, so that any contentious issues can be identified and dealt with without unnecessary delays. The Medical Negligence working group also propose that the Court would case manage Medical Negligence cases more intensely, in a similar fashion to how cases are managed in the Commercial Court. It is believed these proposals will reduce the delays and costs associated with bringing Medical Negligence claims.

If you have any queries regarding Medical Negligence Actions or any other aspects of Law, please do not hesitate to contact Hanahoe and Hanahoe, Solicitors, 16 North Main Street, Naas, County Kildare.

Tel: 045 897784     086 6013611 (24 hours)

Email: info@hanahoeandhanahoe.com

Website www.hanahoe-solicitors-naas.ie