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Your 2024 Guide to finding the best Property Conveyancing Solicitors in Ireland

Your 2024 Guide to finding the best Property Conveyancing Solicitors in Ireland Conveyancing is a five-stage process that includes the pre-contract or scouting stage followed by the contract...

Road Traffic Accident Claims

Road Traffic Accident Claims If you are injured in a road traffic accident in Ireland, you can claim compensation for your injury. Connect with our accident claims team to know more. What type of...

Top 10 Tips for First-Time Property Buyers in Ireland

Top 10 Tips for First Time Property Buyers in Ireland It’s a big step and a formidable one too, not just because of the price or budget but because of the regulations and complexities involved. That’s...

EMPLOYMENT LAW SOLICITORS IRELAND

EMPLOYMENT LAW SOLICITORS CORK AND MIDLETON, IRELAND Walsh and Partners LLP  are experienced employment law solicitors in Cork City, Midleton and Dublin, Ireland. We are happy to act for and provide...

COSMETIC SURGERY CLAIMS CORK AND DUBLIN

COSMETIC SURGERY CLAIMS CORK, MIDLETON AND DUBLIN Claiming compensation for cosmetic surgery in Ireland can be a daunting process. Unfortunately at the time of writing this blog post, elective...

MEDICAL NEGLIGENCE CLAIM

MEDICAL NEGLIGENCE CLAIMS CORK, MIDLETON AND DUBLIN Medical Negligence Claim- If you have been the victim of negligence as a result of the actions or omissions of a medical professional than you may...

DIVORCE SOLICITOR CORK & DUBLIN

Divorce Solicitor Cork, Midleton and Dublin   Walsh and Partners LLP can provide a divorce solicitor in Cork, Midleton and Dublin, when a relationship or marriage breaks down. It is vitally...

WILL SOLICITOR DUBLIN

WILL SOLICITOR CORK, MIDLETON AND DUBLIN The Importance of Making a Will – Will Solicitors Dublin, Midleton and Cork Making a will is one of the most important steps you can take in securing the...

MEDICAL NEGLIGENCE SOLICITOR CORK

MEDICAL NEGLIGENCE CLAIMS CORK AND MIDLETON Medical negligence claims Cork, Midletong and Dublin with Walsh and Partners Solicitors LLP. When an individual suffers an injury or illness as a result of...

COSMETIC SURGERY CLAIM SOLICITOR

COSMETIC SURGERY CLAIMS, CORK, MIDLETON AND DUBLIN IRELAND Cosmetic Surgery Claims Ireland: Cosmetic surgery is considered an elective procedure that is used to enhance a person’s physical...

RENEWABLE ENERGY SOLICITOR CORK AND DUBLIN

Renewable Energy Solicitor Cork, Midleton and Dublin Walsh and Partners LLP are renewable energy solicitors based in Cork City, Midleton and Dublin. Over the past decade, many farmers and landowners...

DEFAMATION SOLICITORS CORK AND DUBLIN

Defamation Solicitors Cork, Midleton and Dublin Defamation of Character Solicitor in Cork City, Midleton and Dublin, serving clients nationwide: Considerable damage can be done to the reputation of an...

Workplace Relations Solicitor Ireland

Workplace Relations Solicitor, Cork City and Midleton, Ireland Expert Workplace Relations Solicitor in Ireland, Walsh and Partners LLP have offices in Cork City, Midleton and Dublin. The establishment...

DISMISSING AN EMPLOYEE

EMPLOYMENT CONTRACTS SOLICITORS CORK CITY, MIDLETON AND DUBLIN Employment Contracts Solicitors Cork, Midleton and Dublin: The Unfair Dismissals Acts 1977-2001 govern unfair dismals here in Ireland...

When word of mouth can damage your reputation

Reputation Damage Solicitors, Cork City and Midleton, Ireland As reputation damage solicitors in Ireland, Walsh and Partners Solicitors LLP is well placed to provide  expert advice and guidance to...

Inheritance can be challenging

Inheritance Law Solicitor Cork and Midleton: A Challenge for Families Inheritance Solicitor Cork and Midleton What many children may not be aware of is that there is no absolute right under law that...

Squatter’s Land Rights Ireland

Squatter’s Land Rights Solicitor, Cork City and Midleton, Ireland Learn more about squatter’s land Rights in Ireland with Karen Walsh of Walsh and Partners LLP, who writes a weekly column...

Land Transfer Solicitor Ireland: Wind Farms and Renewable Energy

Land Transfer Solicitor Cork City and Midleton, Ireland Wind farms and land transfer solicitor, Cork City, Midleton and Dublin, Ireland. You are a landowner or farmer and you receive a very well...

Wills and Probate Solicitor Cork

Wills and Probate Solicitor Cork City, Midleton and Dublin Wills and Probate Solicitor Cork City and Midleton: Karen Walsh tells us why protecting your family and farm with a well written will is one...

Transferring the Family Farm: Getting your Ducks in a Row

Transferring the Family Farm Solicitor in Cork City, Midleton and Dublin Transferring the family farm to another family member is a common legal transaction here in Ireland. How does farm transfer...

Farms go limited

Farm Incorporation Solicitor Cork and Midleton, Ireland If your farm has reached a level of growth that requires tax in the higher tax band, then it may make financial sense to incorporate your farm...

LAND LAW AND BOUNDARIES

LAND LAW SOLICITOR CORK CITY AND MIDLETON, IRELAND Land law solicitor Cork, Midleton and Dublin, Karen Walsh talks about boundaries. Always check that maps are accurate to avoid any negative...

Know your turbary rights before a day’s work in the bog

Turbary Rights Solicitor, Cork, Midleton and Dublin, Ireland Turbary Rights Ireland, know your rights to cut and carry. Turbary rights are a common issue in the rural community, and one which can...

SELLING YOUR HOME – PROPERTY SOLICITORS – GET A QUOTE TODAY.

HOUSE SALE SOLICITOR CORK AND MIDLETON – PROPERTY SOLICITORS – GET A QUOTE TODAY. To ensure the sale of your home goes as smoothly as possible, it is essential that strong organisation is at the top...

FAMILY LAW SOLICITORS CORK

FAMILY LAW SOLICITORS CORK, MIDLETON AND DUBLIN Walsh and Partners LLP are family law solicitors Cork, Midleton and Dublin, we offer expert advice, support and legal skills in the area of familial...

PARENTAL CARE LEGAL ADVICE IRELAND

PARENTAL CARE LEGAL ADVICE SOLICITORS, CORK, MIDLETON AND DUBLIN Parental care legal advice Ireland, with Karen Walsh. Ensuring that you have an up to date will is one of the most important steps you...

FARMING, SOCIAL MEDIA, GDPR: ARE YOU READY FOR IT ALL?

FARMING, SOCIAL MEDIA, GDPR: ARE YOU READY FOR IT ALL? Irish Farming and GDPR can be complicated, but it need not be. Embrace social media but be aware of your responsibilities and legal obligations...

Having witnesses is important when presenting your Compensation claim

Witness for Compensation Claim in Ireland Presenting a witness for compensation claims in Ireland is vital to the success of your case. To properly present your compensation case, you will need a...

SUCCESSION PLANNING

SUCCESSION PLANNING SOLICITOR, CORK CITY, MIDLETON AND DUBLIN, IRELAND Succession planning Ireland, solicitors advise and expert guidance for businesses of all sizes. Every family is unique. The...

EXECUTOR OF A WILL – IRELAND

Probate Solicitors Cork City, Midleton and Dublin, Ireland Walsh and Partners LLP, probate solicitors Ireland, have offices in Cork, Midleton and Dublin and offer services across the Country. A legal...

SOLAR FARM SOLICITOR IRELAND

SOLAR FARM SOLICITOR CORK CITY, MIDLETON AND DUBLIN The Renewable Energy Directive (red) 2009 sets out binding targets for each member state, with the aim being that, in the EU as a whole, renewable...

Consult a Personal Injury Solicitor if in an accident

CONSULT PERSONAL INJURY SOLICITORS IN CORK OR MIDLETON, IN CASE OF AN ACCIDENT Making a personal injury claim for compensation in Ireland Consult Personal Injury Solicitors in Cork if you have been...

PERSONAL INJURY SOLICITOR – WALSH AND PARTNERS SOLICITORS

PERSONAL INJURY CLAIMS CORK, MIDLETON AND DUBLIN, IRELAND – CRITERIA AND PROCESS Personal Injury Claims Ireland, know your facts:  Personal injuries are sustained in numerous ways, from an...

PRENUPTIAL AGREEMENT

PRE-NUPTIAL AGREEMENT SOLICITOR CORK, MIDLETON AND DUBLIN Hiring a pre-nuptial agreement solicitor should be considered for anyone who has substantial assets, or who is entering into a second marriage...

Land leases must be in writing to avail of tax exemptions

Agricultural Lease Solicitor Cork, Midleton and Dublin A well written land lease should clearly stipulate the obligations of all parties involved and will provide future legal protection in the event...

MAKING A PERSONAL INJURY CLAIM

PERSONAL INJURY CLAIMS SOLICITOR, CORK, MIDLETON AND DUBLIN You may be entitled to make a claim for a personal injury if you were involved in an accident or put in a situation that lead to an injury...

PROBATE SOLICITOR IN CORK AND DUBLIN

PROBATE SOLICITOR IN CORK CITY, MIDLETON AND DUBLIN Probate Solicitor in Cork and Midleton As a Probate Solicitor in Cork, Midleton and Dublin, Karen Walsh provides expert legal advice to clients...

PARENTAL AGREEMENTS FOLLOWING SEPARATION OR DIVORCE

CUSTODY AGREEMENT SOLICITOR CORK, MIDLETON AND DUBLIN, IRELAND Karen Walsh, custody agreement solicitor Ireland, talks about the steps involved when a marriage or family unit experiences a break up...

Plan for your legacy Contact a Solicitor to Make a Will

Will Solicitors Cork, Midleton and Dublin Mixing business with pleasure is one thing. But mixing business with family is altogether different, and will often be volatile and dynamic. Walsh and...

PRE-NUPTIAL SOLICITORS CORK AND DUBLIN: PRE-NUPTIAL AGREEMENTS ARE NOT JUST FOR THE RICH AND FAMOUS!

PRE-NUPTIAL SOLICITORS CORK, MIDLETON AND DUBLIN: NOT JUST FOR THE RICH AND FAMOUS! Solicitor Karen Walsh explains why signing a pre-nuptial or marriage contract makes sense. As pre-nuptial solicitors...

Renewable Energy Agreements Solicitor

RENEWABLE ENERGY AGREEMENTS SOLICITOR CORK, MIDLETON AND DUBLIN As a renewable energy agreements solicitor I would like to walk you through a scenario: You are approached by a representative of a...

PRE-NUPTIAL AGREEMENTS IRELAND

PRE-NUPTIAL AGREEMENTS IN IRELAND When George Clooney married Amal Alamuddin, he did so without the benefit of a pre-nuptial agreement. This was a gamble worth $220 million and one that very few...

Landlord Solicitor: Has your tenant failed to pay their rent?

Landlord Solicitor Cork and Midleton, Advice: When a tenant fails to pay their rent Landlord Solicitor Cork, Karen Walsh talks about rent with a landlord who is experiencing difficulties getting paid...

SOLICITOR’S GUIDE TO WINDFARM AGREEMENTS

SOLICITOR’S GUIDE TO WINDFARM AGREEMENTS A guide to windfarm agreements for landowners, farmers and potential investors in Ireland. Whilst a  developer might look for an option that includes all of...

Succession is a process, not an event

Succession Planning Solicitor Cork and Midleton: Succession is a process, not an event Succession planning solicitor Ireland. Each year, we see a huge amount of interest and queries in relation to...

HOMEMADE WILL: SOLICITOR ADVICE IRELAND

MAKING A WILL IN IRELAND: SOLICITORS IN CORK, MIDLETON AND DUBLIN Whilst making a homemade will may be tempting and something we have all thought of at some stage, it is vitally important that you...

EMPLOYMENT LAW

EMPLOYMENT LAW SOLICITOR CORK, MIDLETON AND DUBLIN, IRELAND Expert employment law solicitor Cork, providing legal advice and assistance to employers across Ireland.  Employment Contracts –...

FARM SAFETY: SOLICITOR

FARM SAFETY SOLICITOR CORK, MIDLETON AND DUBLIN, IRELAND FARM SAFETY SOLICITOR CORK Expert advice from your Farm Safety Solicitor in Cork. Why do farmers farm, given the economic adversities and...

FARM ACCIDENT SOLICITORS CORK AND DUBLIN

FARM ACCIDENT COMPENSATION CLAIMS SOLICITOR, CORK, MIDLETON AND DUBLIN Unfortunately, farm accident compensation claims in Ireland have become more prominent in recent years. Specialised farming...

CONTRACT HEIFER REARING SOLICITOR

SOLICITOR FOR CONTRACT HEIFER REARING IN CORK, MIDLETON AND DUBLIN John and Paul entered into a Contract Rearing of Heifers arrangement last year. John is a local dairy farmer. He wished to expand...

WINDFARM SOLICITORS CORK

WINDFARM SOLICITORS CORK, MIDLETON AND DUBLIN As windfarm solicitors Cork and Dublin, we have a great insight into wind farm agreement and option agreements.  Let’s talk about wind farms. You are...

MEDICAL NEGLIGENCE

MEDICAL NEGLIGENCE COMPENSATION CLAIMS CORK, MIDLETON AND DUBLIN, IRELAND Medical Negligence which is also known as “clinical negligence” occurs when a person suffers an injury as a result of a...

Your 2024 Guide to finding the best Property Conveyancing Solicitors in Ireland

Your 2024 Guide to finding the best Property Conveyancing Solicitors in Ireland Conveyancing is a five-stage process that includes the pre-contract or scouting stage followed by the contract, post-contract compliance, completion, and post-completion stages. Of these, the contract and compliance stages are critical. A buyer or seller, or even a real estate dealer can land into deep trouble if these two stages are not handled correctly. That’s why, you need a solicitor or conveyancer to help you through these stages. And, you need one who is not only knowledgeable about the law but also adroit enough to understand your specific needs and advise you on the best course of action. It is therefore worth investing the time and effort in selecting the best property conveyancing solicitors in Cork or wherever you happen to live. How would you do that? Take a look: Scouting Well, yes obviously you need to scout around a bit. But where to look? You are probably asking yourself questions like, does my conveyancer need to be local? Should I use the solicitor recommended by my estate agent? Can I find good conveyancing services online? Well, let’s put your mind to rest. Should your Conveyancing Solicitor be Local? Until not so long ago, the mindset was to have a local solicitor who can address all your legal needs. The reasoning was that since s/he is local, you can visit as frequently as you like to clarify your doubts and misgivings. When it comes to property deals though, your solicitor may need to visit the property, and if the property is not within the city, this can be expensive. So, think carefully and choose wisely. Can you find your solicitor online? Well, again, why not? But then again, online firms market aggressively and you risk being taken in by false claims. Barring that though, the internet is a veritable storehouse of information and services competing with one another. You’ll find solicitors offering terms as diverse as 100% upfront payment to a flat fee for every service. What you need to bear in mind however is that cheap solicitors are not necessarily the best. They are also likely to have several hidden costs. Remember also to check the services offered and see if they align with your needs. You’ll be well advised to hire your solicitor firm on a small but regular retainer so that they always have your back. Solicitor or Licensed Conveyancer? Without going into technicalities, a solicitor has comprehensive knowledge of law .You might think a conveyancer is a specialist, and in a way, they are because they focus only on property law. However, solicitors have a wider scope of knowledge such as business law, family law, succession law, and so on which a conveyancer may not. So, depending on whether you are looking for legal assistance for a specific deal or a more comprehensive advisor, go ahead and take your pick. Now that you are done scouting here’s a checklist of things you should look for in property law solicitors. Conveyancing Checklist Surfing the internet can be overwhelming. Most people just end up clicking on the first few search results and picking one of the top three or five thinking they are the best. But that’s not always true, not because they are not good service providers but because they may not be aligned with your needs. Here, therefore, is a quick checklist of questions you must ask before you hire land transaction solicitors. Are they conveyancing specialists or do they serve other areas of law too? Will you have a dedicated service provider whom you can call directly? How digitally advanced is the firm? Can you reach out remotely over chat, messaging and so on? Do they provide case-tracking functionalities? What are their service terms? Do they guarantee success? Do they have an association with property agents, financers, and so on to provide single window service? Do they have fixed working hours or can you reach out whenever you need them? Are there any hidden costs apart from the fee charged? Wrapping up In summation, remember that the solicitor or conveyancer you select should be aligned with your needs and requirements. When considering your requirements, it pays to be a bit futuristic in your approach so that you have all bases covered from the get-go. So, don’t limit yourself and don’t go blindly with a solicitor your agent or someone else recommends. Take the time to check for yourself before signing up. At Walsh and Partners, we service not only conveyancing deals but also offer a host of other legal services ranging from agriculture and farm law to will probate right up to personal injury claims and business law. Want to hire house purchase solicitors? Reach out now. Facebook Twitter LinkedIn Get in Touch

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Road Traffic Accident Claims

Road Traffic Accident Claims If you are injured in a road traffic accident in Ireland, you can claim compensation for your injury. Connect with our accident claims team to know more. What type of accidents do Walsh and Partners deal in? Some of the types of claims we at Walsh and Partners have dealt with include: Car accident claims Cycling accident claims Motorcycle accident claims A structural survey can cost you anywhere between €300 to €500. Pedestrian accident claims You can reach out to our personal injury solicitors to help you with further details. Why Walsh and Partners? We help you discover the true value of your claim and the best way to secure it. We are concerned not just with the claim value but also about providing you with all the support you need. We strive to get you the best claim value as early as possible. Best of all, we have a No Win – No Fee policy. How does it work? Here’s what you need to do: Step 1 – Are you Eligible? In general, you have a road traffic accident claim in Cork and the rest of Ireland if: The accident was not your fault or only part your fault. You sustained an injury as a direct result of the accident The accident occurred within the statute of limitations which is two years in Ireland. Step 2 – Assessment Once you are sure you have a claim, you must apply to the Personal Injuries Assessment Board (PIAB) of Ireland. To bring an application you will need to obtain a report from a doctor commenting on your injuries arising out of the accident and you will have to send a letter of claim to the other driver/insurer setting out details of the accident The PIAB will review your case and perhaps request further reports and assessments before suggesting an amount for compensation. Step 3 – Claim If you are dissatisfied with the amount suggested by the PIAB, you can issue legal proceedings for an additional claim amount. Walsh and Partners will take care of this process for you while you focus on recovery. What Our Clients Ask Us 1. Do I have to go to court for a road traffic accident claim in Ireland? Not necessarily. If both you and the other party accept the amount suggested by the PIAB, then there is no need to go to court for your road traffic accident claim in Ireland. The claim may also settle with the other driver’s insurer. 2. How much does it cost to settle road traffic accident claims in Dublin? At Walsh and Partners, we have a No Win No Fee policy. That means you only pay the agreed amount if you win the claim. If for any reason, you do not get a claim, no fee will be charged. 3. Is there a time limit to making road traffic accident claims in Ireland? Yes. It is called the statute of limitations. For road traffic accident claims in Cork, Dublin or elsewhere in Ireland, the statute of limitations is two years from the date of the accident. 4. What should I do if I am diagnosed with an injury or illness after the statute of limitations expires? Unfortunately, claims for road traffic accident compensation in Ireland can only be made up to two years from the date of the accident. It is therefore extremely important that you contact your personal injury lawyer as soon as possible. Facebook Twitter LinkedIn Get in Touch

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10 Tips for First Time Property Buyers in Cork

Top 10 Tips for First-Time Property Buyers in Ireland

Top 10 Tips for First Time Property Buyers in Ireland It’s a big step and a formidable one too, not just because of the price or budget but because of the regulations and complexities involved. That’s why you are probably looking for Property Solicitors in Midleton or elsewhere in Ireland. However, buying a house for the first time doesn’t have to be as daunting as it is made out to be. True, there’s a lot to consider, but with a little planning and these ten tips for first-time property buyers in Ireland, it should be simple enough. So here goes: 1. Determine your Budget It’s always a good idea to set a budget and stick to it. After all, you are investing your hard-earned money. Many people begin saving up early and earmark investible assets specifically for certain purposes such as buying a house. Still, few have the resources to pay the entire price upfront. So, as a first step let’s put that thought to rest. Get an estimate for the kind of house you want and what it would cost. Then add in the various overheads like stamp duty and taxes. Next, look at the various financing options for the amount over and above what you have. 2. Overheads when Buying Property in Ireland It’s kind of hard to determine the overhead costs of buying a house because they’re usually expressed as a percentage of the value of the property. You can however consider 15 to 20% of the property value as a good guesstimate of overheads. Here’s a quick rundown of the possible overheads: You’ll need to put down at least 10% of the property value as a deposit. As per Ireland laws, the required stamp duty for residential property valued below €1 million is 1%. Anything over and above this would be charged at 2%. VAT is deductible from the price of newly constructed properties. A structural survey can cost you anywhere between €300 to €500. If you opt for a mortgage you’ll likely need to pay for a mortgage protection policy. While these requirements are subject to change, any good property solicitors in Cork can help you with the latest numbers. Apart from these fixed costs, there are also some recurring costs to consider, such as the EMI for the mortgage, home insurance, maintenance costs, and so on. You should factor these in early on. 3. House Hunting Take your time with the next step – finding the perfect adobe for you and your family. Shop around not only for the perfect home but at the best price. Apart from the space within the home, some of the more important but easily overlooked factors to consider when buying a house include: Connectivity Neighbourhood Security Potential for value appreciation Within the house, of course, you’ll consider things like size, layout, and if you are superstitious, things like the house or street numbers. 4. Get a Survey Once you have zeroed down a few houses you like, it’s advisable to have a structural survey conducted. It’s not a legal requirement, but your mortgage provider will most likely ask for one anyway. So, go ahead and get the mortgage valuation report ahead of time. Besides, the report will serve a few other purposes too. For one, with a mortgage valuation report in hand, you can negotiate the value of the property better. Second, it will save time in processing your loan. Third, and most importantly, any flaws and anomalies in the property will come to light. 5. Close the Deal This is a two-step process. First, you’ll express your interest and make an offer to the homeowner. When making the offer, remember that most of the above-mentioned overheads will be computed basis this agreed price. Some people prefer to survey this stage rather than after shortlisting a few properties so that’s something to think about. Both have their pros and cons. For instance, what if you elect to do it at the time of making an offer and the report reveals some serious issues in the property? You’ll have to go to the drawing board so to speak. At this stage, it is advisable to consult a solicitor for buying a house in Cork and most other cities in Ireland. 6. MoU Property is a big investment and you’ll need time to liquidate your assets. Loan disbursement can also take time. To ease the minds of both parties, property buyers and sellers in Ireland usually enter into a Memorandum of Understanding (MoU) where they lay down the terms of payment agreed upon. Typically, an MoU will mention the agreed price of the property, the terms of payment, the period over which the buyer must make full payment to the seller, and what would happen if either party backs out of the agreement. While an MoU is technically not a legal document, and you don’t need a conveyancing solicitor in Cork to draft it, it is an important document and must be drafted with care. In case of dispute, it serves as proof of understanding between the parties. It may also be considered legally binding under certain circumstances. 7. Financing Options Apart from mortgages, the government also supports first-time home buyers in Ireland through their First Time Buyer, Help to Buy, and Help to Build schemes. There are also a few other financing options such as Right to Buy and Rent to Buy, which you might want to explore. You can talk to property solicitors in Cork, Middleton, Dublin, or wherever you live to understand the different options and help you with the process. 8. Completing the Purchase Having signed the MoU and explored financing options, it’s time to get your finances in place. Liquidate the assets you have earmarked for this purchase. Put in your loan or grant applications along with all the necessary documentation. The sale deed will be drafted once the entire payment has been completed. You’ll need to consult conveyancing solicitors near you to draft and execute the sale deed, but before that, you have to

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Best Employment Law Solicitors Ireland

EMPLOYMENT LAW SOLICITORS IRELAND

EMPLOYMENT LAW SOLICITORS CORK AND MIDLETON, IRELAND Walsh and Partners LLP  are experienced employment law solicitors in Cork City, Midleton and Dublin, Ireland. We are happy to act for and provide legal assistance to employees and employers who require representation or advise on employment law matters.   Employment Law Solicitor Cork and Midleton Employers: From an employers point of view, there are a number of employee related considerations that need to be taken into account when running a business. When an employment issue or industrial relations issue arises it needs to be well-managed in order to avoid any damages or costs to the business or employer. The team here at Walsh and Partners LLP can provide legal advice on precautionary steps that can ensure these situations are minimised, if not avoided entirely. Where a dispute does occur, we can provide you with the expertise and knowledge in a swift manner to ensure any costs are kept to a minimum. At the core of our ethos here at Walsh and Partners LLP, is our ability to work closely with clients and truly understand the nature of their employment issues. We will always keep you up to date and never leave you wondering what the next steps are. Our proactive approach is what makes us one of Ireland’s leading employment law firms. The team will always keep you up to date with any new developments in Irish employment law and will assist with any employee related issues or ad-hoc requirements that may arise.   Employment Law Advice Ireland  Employees: As skilled employment law experts, we have represented many employees at the Labour Court and before the Workplace Relations Commission. These cases have covered a vast range of disputes. If you are an employee who requires representation or employment law advice, the team here at Walsh and Partners LLP will be happy to assist in any way we can. Listed below are just some of the areas where we can help: The drafting of procedures, policies and employment contracts, Discrimination and equality issues, Unfair dismissal, unfair selection for redundancy or employment termination, The rights and duties of employees, The rights and duties of employers, Drafting of documents to cover workplace policies such as bullying, sick leave and disciplinary matters. Maternity disputes and entitlements, Compliance with health and safety regulations, Setting up incentive programmes and share options for employees, The management of outsourcing and subcontractors, Management of grievance procedures such as bullying and stress in the workplace, Representation of both employers and employees at the Workplace Relations Commission, at the Labour Court and in any other courts in Ireland. Redundancy package management, Employee entitlements such as parental leave, maternity leave and adoptive leave.   Employment Lawyers, Cork, Midleton and Dublin Please note that the list above is by no means exhaustive, we invite you to get in touch with us to discuss your own unique situation. The legal experts here at Walsh and Partners LLP are on hand to provide you with the very best legal advice and representation. Contact us at our Cork, Midleton or Dublin offices for further information. You may also be interested in learning more about employment law in the blog section of our website: Dismissing an employee Workplace relations Facebook Twitter LinkedIn Get in Touch

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Cosmetic Surgery Claims Solicitors

COSMETIC SURGERY CLAIMS CORK AND DUBLIN

COSMETIC SURGERY CLAIMS CORK, MIDLETON AND DUBLIN Claiming compensation for cosmetic surgery in Ireland can be a daunting process. Unfortunately at the time of writing this blog post, elective cosmetic surgery does not have proper regulation here in Ireland. This has resulted in the upsurge of individuals who lack the requisite expertise practicing cosmetic surgery procedures across the country. Let’s call them what they are ‘Cowboys’! This unseemly practice of unregulated cosmetic surgery has resulted in severe complications for patients. We have seen instances where after-care is sub-standard to say the least, and where patients have suffered due to ‘botched’ procedures and unethical practices. If you have found yourself in need of compensation due to sub-standard cosmetic surgery, the team here at Walsh and Partners LLP will be happy to represent you and assist with a claim on your behalf.   Cosmetic Surgery Solicitor Cork City and Midleton When cosmetic surgery goes wrong, the physical, emotional and financial consequences for the patient can be life-changing. Whilst there is nothing that can be done to remedy this in a meaningful way, we feel it is important that you are compensated for this negligence.   Common Cosmetic Surgery Claims in Ireland  When cosmetic surgery first burst on to the scene here in Ireland, it would bring to mind tummy tucks and breast implants. The industry has however grown immensely in the past number of decades and we can now increase, reduce and improve almost any body part that we may be unhappy with. Unfortunately this widened scope of procedures has also led to an increase in the different types of claims we are seeing. Some of the most common cosmetic surgery claims include: Breast augmentation, Cosmetic dentistry (becoming increasingly more common), Facelifts for clients of all ages, Liposuction, Fillers, Botox, Plastic surgery. Could you make a claim for compensation due to cosmetic surgery outcomes? In Ireland, all medical practitioners owe their patients a ‘duty of care’, this applies to doctors, dentists, plastic surgeons and specialists across all areas of medicine. This legal requirement means that medical professionals have to take precautions at all times to ensure you are safe and well whilst in their care. The reason you require this medical attention should not be in question, whether for health or cosmetic reasons, you are still entitled to the same level of care.   Cosmetic Surgery Claims Ireland Under Irish Law, cosmetic surgery claims are treated in exactly the same way as any other medical negligence cases. The law will decide whether compensation for damages or financial loss are required. As with any area of medical law, establishing liability can be clear cut in some instances whilst expert medical testimony may be required in more complicated cases. It is important to note that in instances where you are not happy with the results of your procedure you may not be able to file a claim for compensation. Your claim will need to refer to actual medical negligence or malpractice in order be successful, simply being unhappy with the results may not suffice. From a legal perspective, claimants need to be realistic about the outcome of any procedure that is elective in nature.   To make a claim for cosmetic surgery negligence or malpractice, the following steps need to be followed: Speak to a member of the medical claims team here at Walsh and Partners LLP to gain a clear understanding of the process and to determine whether your claim has sufficient grounds for compensation. We will provide you with a claim application form and will assist with compiling any necessary documentation to back up your claim. These documents may include but are not limited to: accident reports, medical reports and images of your injuries. This information will assist the Injuries Board with any decisions to accept or reject your claim for compensation. Forward your application form to the Injuries Board as soon as possible within the statute. Then PIAB will issue a notification of your claim to the Respondent, who has three months from this notice to either accept or reject the matter going to an assessment. Once your application has been received by the Injuries Board, they will notify the respondent about your claim. The respondent will then agree to assess your claim. In most instances the respondent will be represented by an insurance company and they will conduct the assessment. You may be required to undergo a medical assessment by an independent medical representative of the Injuries Board. The Injuries Board will then decide the amount of compensation due and both parties will need to agree upon this amount. Where the respondent does not agree to undergo an assessment by the Injuries Board or if there remains a disagreement about the compensation amount awarded, the matter can then be argued before the court.   Medical Malpractice and Negligence Solicitors, Cork, Midleton and Dublin Should you wish to learn more about making a claim for compensation for cosmetic surgery negligence or malpractice, please get in touch with a member of the team here at Walsh and Partners Solicitors LLP. We are well versed in all aspects of cosmetic surgery claims and will be happy to provide you with the expertise you require to make a successful compensation claim. Recommendations for those considering cosmetic surgery in Ireland.   See the links below for further information or give us a call today: https://walshandpartners.ie/medical-negligence/ Facebook Twitter LinkedIn Get in Touch

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MEDICAL NEGLIGENCE CLAIM

MEDICAL NEGLIGENCE CLAIMS CORK, MIDLETON AND DUBLIN Medical Negligence Claim- If you have been the victim of negligence as a result of the actions or omissions of a medical professional than you may be entitled to claim damages against that persona or his/her employers to compensate you for your losses; both financial and for the pain and suffering caused. Medical negligence claims are quite often long and extremely technical, requiring expert knowledge. Evidence can be very technical and thorough. Medicine is a complicated profession with no room for error. This is evident in most medical negligence cases. To decide whether or not you have a medical negligence claim to bring we must look at many deciding factors. Initially, there must be some form of injury suffered by the plaintiff this can extend to a psychological injury caused by the defendant. Whether or not a duty of care was owed by the defendant to the plaintiff if the circumstances must also be investigated. More than likely given the nature of medical practice, there will be a duty of care owed. The process of deciding whether a physician was in fact negligent is a complex one. It begins with the initial consultation and whether all material risks were fully disclosed to the patient. if not then the patient would be seen as uninformed. This raises issues about the practice of defensive medicine and whether or not it can be reasonably expected of a physician to disclose all possible risks. A fully informed patient assumes all risks involved, therefore a physician working in a professional manner has the obligation and duty to inform of the material risks involved. A doctor must then carry out the general approved normal course of treatment that he/she would generally be expected to by his/her peers in the medical profession. Failing to do so could result in a potential medical negligence claim against that doctor. See walshandpartners.ie/blog for more!! Facebook Twitter LinkedIn Get in Touch

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Divorce Solicitor Cork

DIVORCE SOLICITOR CORK & DUBLIN

Divorce Solicitor Cork, Midleton and Dublin   Walsh and Partners LLP can provide a divorce solicitor in Cork, Midleton and Dublin, when a relationship or marriage breaks down. It is vitally important that you knowledgeable about your legal rights. For those who are seeking the dissolution of a relationship, there are some  options that can  be pursued. These include divorce, separation agreements and judicial separation. You may also have a necessity to pursue maintenance for children as well as custody and access agreements. Those who may not be legally married, also have rights as cohabitants under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act of 2010. For further information on your rights upon the breakup of a relationship, please feel free to contact a member of our legal team in Cork, Midleton or Dublin. Solicitor for Separation in Cork and Midleton In the main, the Judicial Separation and Family Law Reform Act of 1989 will cover the majority of family law and divorce cases in Ireland as well as The Family Law Act, 1995 and the Family Law (Divorce) Act of 1996. Where both parties agree upon important dealings like access to the children, possession of the family house, division of assets and maintenance, a separation agreement can be put in place by our team of family law experts without the requirement for court proceedings. There are of course instances where both parties can not agree on all aspects of the separation agreement or in some cases only one party is agreeable to the separation. In these instances a Decree of Judicial Separation can be applied for through the court system. In order for a divorce decree to be issued and the marriage to be dissolved, both parties must be living apart for at least 4 of the previous 5 years. If both parties are seeking judicial separation, then this only requires one year living separately. Divorce Solicitor Cork, Midleton and Dublin The division of assets is one of the crucial issues that faces applicants when they consider  a separation or divorce. In most cases the largest asset will be household property or land that was purchased during the relationship. The ‘family home’ is defined as a ‘primarily, a dwelling in which a married couple ordinarily reside” under the Family Home Protection Act of 1976. In order for either party to sell the family home, they must have consent from all parties with an interest in the home under this Act. This applies even in the event that the property is in the name of only one person. Express consent must be obtained by all interested parties prior to any sale. Professional Divorce Solicitors Ireland Upon Judicial Separation or Divorce, the courts have the capability to sell or transfer assets under what is called a Property Adjustment Order. Prior to the issue of an order, the court must establish that arrangements are made for all parties involved, including children of the couple. In some instances it may be necessary for the assets to be sold so that ‘proper provision’ is in place for both parties and any children. The sale of these assets will in most circumstances provide for the acquisition of another dwelling for spouses and any children. Divorce Solicitors, Dublin and Cork The needs of any children will be foremost in proceedings. These needs will be under consideration when the offspring are still legally classified as dependents. This means that proper provision will vary from case to case and will only consider the needs of children who are minors (under 18 or) if the children are still in education, then this age is raised to 23. Separation and Divorce Law Firm, Cork, Midleton and Dublin Prior to making any ‘proper provision’ decisions, the relevant court will consider all belongings of both parties and where necessary make a property adjustment order. In order to make this order, the court needs to know the following: Any succession rights that may be in place, are the children showing interest in the receipt of assets? Contributions made by both parties to these assets, e.g. mortgage payments. In some instances an order put in place for the division of assets may not be feasible, particularly where the value of the asset is significant (family home, land or business). Are there assets attached to a family business? If so, have both individuals played a part in the running of this business. Are party incomes dependent on the running of this business and the assets associated with it? The team here at Walsh and Partners LLP would urge you to seek legal advice upon the breakdown of your marriage or long-term relationship. We are here to ensure your best interests and those of your children are protected at all times. Contact our expert divorce solicitors in our Cork, Midleton and Dublin offices. https://walshandpartners.ie/family-and-childcare-law/ https://www.irishexaminer.com/farming/news/karen-walsh-why-a-farmers-divorce-can-be-more-stressful-and-worrying-438702.html https://www.irishexaminer.com/breakingnews/farming/karen-walsh-in-marital-or-relationship-breakdown-a-court-may-not-treat-a-farm-as-a-typical-asset-788200.html Facebook Twitter LinkedIn Get in Touch

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Will Solicitor Dublin

WILL SOLICITOR DUBLIN

WILL SOLICITOR CORK, MIDLETON AND DUBLIN The Importance of Making a Will – Will Solicitors Dublin, Midleton and Cork Making a will is one of the most important steps you can take in securing the safety and security of your loved ones into the future. There really is no good reason to procrastinate, and in this article I’m going to talk you through the many important reasons why making a will is important to do right now. If after reading this article, you are ready to take the first steps, please get in touch with our will and probate experts here at Walsh and Partners LLP based in Cork, Midleton and Dublin. Will Solicitors, Cork, Midleton and Dublin In the event that you neglect to make a will, the state has the authority to dictate who is entitled to any assets you may leave behind. When someone dies without leaving a will the rules of intestacy will apply. These rules govern who is entitled to receive any property and savings and could go against any wishes you have. This works by a set of rules that list the people who may be entitled to receive shares of any property or savings you have. These rules will also dictate the amount of these shares and the order in which individuals are entitled to receive them. You will want to avoid this situation to ensure those who are most important to you are included in your will. Here are the rules mentioned above: If upon your death you leave a spouse or a civil partner, your entire estate will pass directly to them automatically. Where you leave behind a spouse or civil partner and children, the estate will be split. Two thirds will be left to the spouse or civil partner and one third will be split between any children equally. In instances where there is no spouse or civil partner and where there are children, the estate will be divided equally between any children. If you have no civil partner, spouse or children, your estate will be equally divided between any brothers or sisters. In the eventuality that you die without leaving a spouse, civil partner, children or brothers and sisters, your estate will be divided equally amongst any nieces or nephews. Where you have left no living relatives, your entire estate will automatically pass to the state. Let’s take a look at some examples: Example 1: Mary dies without making a will, leaving behind a husband and four children. Because she has not made a will, her husband is automatically entitled to 8/12ths of her estate and her children will receive 1/12th each. Example 2: John dies at the age of 73 and never took the time to make a will. He did not leave any children behind and was never married. At this stage in his life, his parents have also passed away. John does however have relatives scattered to the four corners of the globe, many of whom he has never met or spoken to. These relatives will receive an equal share in his estate despite never haven met or spent time in his company. We can see clearly in this example the importance of making a will to ensure those closest to John in his life are represented. Making a will is important for a number of reasons. Once of the most important aspects of this practice is choosing who will administer your estate (an executor). When you make your will, you will be asked to name someone that you trust to do this. This person will be responsible for ensuring your wishes are carried out in a suitable manner. Where you neglect to make a will, the executor role will be chosen under law and may be an individual that you would not have chosen yourself. Making a Will, Dublin, Cork, Midleton When you make a will, you also get to choose who will inherit precious items or keepsakes that mean a lot to you. Whether you have a car, item of jewellery or special piece of memorabilia that you would like to leave for someone special, these can all be addressed in your will. Will Solicitor Cork and Midleton: Where you have young children, it is vitally important to put a will in place immediately. Ensuring their care and security in the event of your death is one of the most caring and supportive things you can do. You may want to establish a trust fund or appoint guardians, neither of which should be left to chance. Children with special needs in particular should have safeguards in place to ensure their care in the event of death of a parent. In the event that an asset is not mentioned in your will, this will become part of the ‘residue’. The ‘residue’ is the term we use to describe items that are left of the estate once deductions have been taken for debts, legacies, tax and expenses. The importance of making a will with a will expert cannot be overstated. An appropriately drafted will can have a huge impact on inheritance taxes and may reduce any liability to those who survive you. Any cost associated with making a will is minimal when compared to the savings that can be made on taxes further down the line. In some instances you may also want to create a ‘life interest’ within your will. A life interest will allow a nominated person to inhabit a property or receive the income from a property for the duration of their lifetime. Once this nominated person has passed away, the property can then revert to another person of your choosing. If you are not married or in a civil partnership but are living with your partner, you will need to make a will to provide for them in your estate. Without this important document you could find that they receive nothing after your death. Will and Probate Solicitor Cork and Midleton

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Medical Negligence Claims Cork

MEDICAL NEGLIGENCE SOLICITOR CORK

MEDICAL NEGLIGENCE CLAIMS CORK AND MIDLETON Medical negligence claims Cork, Midletong and Dublin with Walsh and Partners Solicitors LLP. When an individual suffers an injury or illness as a result of the negligence of a healthcare professional this is termed as medical negligence. Medical negligence can cover all aspects of healthcare professionals from doctors and dentists to consultants and surgeons. Get in touch with the Walsh and Partners LLP team today if you require the assistance of a medical negligence solicitor in Cork, Midleton or Dublin. It is always advised that you contact a solicitor prior to bringing forward a claim for medical negligence. A solicitor that specialises in medical negligence will be able to discuss your case in detail with you and put in place the relevant investigations to determine if there is a case for compensation.   Medical Negligence Solicitor Cork and Midleton When investigations are put in place, they will take the following steps: Obtaining medical records to determine the history of the treatment you have received as well as your past medical history from hospitals and GPs. Obtaining a report from an expert. Upon receipt of the expert report, your solicitor will send a letter of claim to the appropriate individual or body. If you decide to go ahead with court proceedings your solicitor will brief a barrister on your behalf. It should be noted that the vast majority of medical negligence claims in Ireland will be heard in the High Court. The first and most important step in determining whether you have a claim, will be to enlist the expertise of an expert. This expert will investigate your medical negligence claim and put together a report that will advise on whether you have a case.   Medical Negligence Claims Cork and Midleton Once the expert has determined that you do have a case for medical negligence, proceedings will be issued and the defendant will respond with their position. The position of the respondent will determine whether your case is being disputed. We find that in many instances the defendant will enter into negotiations for a settlement. However, where the claim is being disputed, the case will most likely be presented before a court or trial.   Time Limits: It is important to note that there is a time limit for bringing a medical negligence case. You will need to issue your claim within two years from the date of injury or alternatively within two years from the date of knowledge of the injury. Get in touch with the team here at Walsh and Partners LLP today to learn more about medical negligence claims and seek expert advice. Our medical negligence solicitors are available to you from our Cork, Midleton and Dublin offices. Solicitors in Cork, Midleton and Dublin   https://walshandpartners.ie/blogs/cosmetic-surgery-claim-solicitor/ https://walshandpartners.ie/personal-injury-litigation/ https://www.irishtimes.com/news/politics/doctors-no-longer-defending-medical-negligence-cases-because-of-legal-costs-involved-1.3479207 Facebook Twitter LinkedIn Get in Touch

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Cosmetic Surgery Claims Ireland

COSMETIC SURGERY CLAIM SOLICITOR

COSMETIC SURGERY CLAIMS, CORK, MIDLETON AND DUBLIN IRELAND Cosmetic Surgery Claims Ireland: Cosmetic surgery is considered an elective procedure that is used to enhance a person’s physical appearance. In Ireland, this practice is yet to be properly regulated. It is because of this lack of regulatory oversight that there exists a small cohort who provide services for which they are not sufficiently qualified. This results in some horrendous complications and aftercare neglect.  If you wish to make a cosmetic surgery claim you need to contact a solicitor as soon as possible. When things go wrong during a cosmetic surgery procedure, the results for the patient can be devastating, not just physically but emotionally and financially as well. While nothing can make up for the distress caused by a wrongful procedure, you may be entitled to bring a claim through a solicitor.   Cosmetic Surgery Claims Solicitor Cork, Midleton and Dublin Today, cosmetic surgery is more than just a tummy tuck or a breast implant. This procedure is being done to reduce, increase and improve various parts of the body and as the scope of this type of surgery widens, so has the potential for different types of claims. Some of the more common cosmetic surgery claims arise from something going wrong with these procedures:• Breast augmentation• Facelifts• Liposuction• Botox injections• Plastic surgery• Cosmetic dentistry   Seeking compensation for negligent cosmetic surgery From a legal standpoint, all medical practitioners, including doctors and plastic surgeons owe their patients a ‘duty of care’. In lay terms, what this means is that these medical professionals are obliged to take reasonable precautions to ensure your safety and wellbeing while you are in their care, whether it is for health or cosmetic purposes. Cosmetic surgery is treated as any other area of medical practice and when something goes wrong, it is for the law to decide whether or not there is any legal liability to pay the patient compensation or damages for their injuries and resultant losses. Not surprisingly, establishing liability is reasonably clear-cut in some cases, whereas in other cases, it can get quite complicated and expert medical opinion may be necessary. What you should also know is that it may not be enough for you to file a claim simply because you are dissatisfied by the result of your cosmetic surgery. There is a fine line between being unhappy with the results and actual malpractice or negligence. The legal stand is that prospective claimants ought to be realistic and reasonable about the outcome of the procedure that they had elected to undergo. Step- by- step process for making a cosmetic surgery compensation claim through a solicitor : 1. Contact a medical negligence solicitor to find out more about the claims process and any entitlements you may be entitled to.2. Always ask for help when filling out your claim application and prior to gathering any supporting documents, e.g. medical reporst, pictures of any injuries, cuts or bruises, accident report etc. This is so important and will help the person assessing your case to determine whether to award you with a monetary amount. 3. Send your application back to the PIAB within 3 months of the incident you are making a claim for. 4. The person you ar emaking the claim against will receive a notification of application from the PIAB.5. The Respondent should then agree to an assessment of your application for a claim by the Injuries Board. They will in many instances be represented by an insurance company. 6. It is possible that you may be asked to undergoa medical assessment carried out by a professional who is independent and is a representative for the PIAB.7. The PIAB will determine the amount of the claim and will award you an amount in accordance with your injuries. Where the respondent may not agree to an Injuries Board assessment, or if one person is in disagreement with the award of the Board, the claim may then be forwarded to be heard in court. Contact us today to see if you have a case to bring a cosmetic surgery claim through a solicitor. Both parties will need to accept the verdict of the Injuries Board at this juncture. https://walshandpartners.ie/medical-negligence/ Facebook Twitter LinkedIn Get in Touch

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Renewable Energy Solicitor Cork

RENEWABLE ENERGY SOLICITOR CORK AND DUBLIN

Renewable Energy Solicitor Cork, Midleton and Dublin Walsh and Partners LLP are renewable energy solicitors based in Cork City, Midleton and Dublin. Over the past decade, many farmers and landowners in Ireland have found that they have been actively sought out by renewable energy developers to secure land for wind farms and other renewable energy developments. If you have been approached by a renewable energy developer or one of their agents, we highly recommend that you get in touch with our team to discuss your options. Never sign anything without first employing the services of a legal expert who has experience in this area. Renewable Energy Solicitors Cork, Midleton and Dublin Some tips: It is vitally important that you do some intensive research. An option agreement may sound like a pretty harmless document to sign, but it can have long-lasting (up to 35 years) negative consequences for your land and future. Always consider the practicalities of the deal. There may be some very real implications for the running of your farm once you have put pen to paper. It is important to address access roads, construction, proximity to family home, layout of your farming land, boundaries and future plans for your land. Payment clauses should be examined in detail by a qualified renewable energy solicitor. Lease and option agreements are in most cases complex so need to be given the attention they deserve by those in the know. Calculation of any payments is often weighed down by the small print and can be difficult to understand. Negotiations should be at the heart of any healthy business relationship so only settle for terms that suit you and your family. You need to be compensated fairly for the risk you are taking and the onerous terms set out. A developer will always come to you with a standard lease or option agreement, but there is no reason why these terms can not be renegotiated. Think of this as a starting point from which you can stand to benefit in the long term. Do not sign any documentation until you have taken legal advice and assistance. Do some research about the company. It is important to know who you are dealing with and to gain an understanding of their reputation as a developer before signing anything. How many years renewable energy experience do they have? Can they demonstrate successful projects elsewhere in Europe? How do they access funding? All of this information will be vital in reaching an informed decision. Solar and Wind Energy Law Firm Cork and Midleton Get in touch with your Teagasc advisor. They will be able to advise you on your entitlements and whether you stand to lose them if turbines or solar panels are constructed on your land. Always seek the guidance of a professional. Think long-term: It is as important to address the end of the lease as the beginning. How will the equipment be removed from your land at the end of the lease? Will you be liable for these costs or will they be covered by the developer? A bond should be put in place as coverage should the developer fail in their pre-agreed obligations to return the site to its natural state. It is important to make sure that the developer does not have the legal right to renew your lease automatically when the term ends. We have seen that many option agreements contain this clause and will always seek to have it removed. Get in touch with Walsh and Partners Solicitors LLP through either our Cork, Midleton or Dublin offices. We are experienced in this niche area of renewable energy agreements and can offer expert advice across all areas of negotiations. We can also negotiate on your behalf. Our expertise are in both agricultural and renewable energy law, so you can be assured that you will be well represented across all aspects of your land. Do not rush into anything. Here at Walsh and Partners LLP, we are passionate about agriculture and renewable energy and we work hard to ensure they work in tandem. The small print in these agreements can be grossly unfair on the land owner and we want you to be aware of any pitfalls long before you commit to signing any documentation. These agreements can be negotiated to be mutually beneficial and that’s where we step in. Renewable Energy Solicitor Cork City and Midleton, Ireland https://walshandpartners.ie/blogs/solar-farm-solicitor/ https://www.irishexaminer.com/farming/analysis/karen-walsh-making-sense-of-choices-on-offer-to-develop-solar-system-on-farm-350434.html Facebook Twitter LinkedIn Get in Touch

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Defamation of Character Solicitor

DEFAMATION SOLICITORS CORK AND DUBLIN

Defamation Solicitors Cork, Midleton and Dublin Defamation of Character Solicitor in Cork City, Midleton and Dublin, serving clients nationwide: Considerable damage can be done to the reputation of an individual or business based on the publication of an unfounded statement. Defamation occurs when a false statement has been made public through either print media, radio/television or online platforms. Here at Walsh and Partners LLP we are acutely aware of the impact libellous statements can have on the reputation of your business, career and livelihood and we will work tirelessly to ensure this damage is reversed and compensation is received that is commensurate with the harm that has been caused.   Defamation Claims Solicitor Cork City and Midleton Our legal team is well equipped with the necessary litigation and commercial experience to fully manage defamation claims on your behalf. With unmatched skills for providing advice on best practice strategies as well as providing comprehensive legal strategies, we are ready to respond to threats of publication of the damage control and management following publication.  Further information about how defamation is defined in Ireland. Defamation of Character Solicitor Cork and Midleton Here at Walsh and Partners LLP our goal is to provide our client with full vindication of character in the event that a false statement has been published. We will work tirelessly to attain a full, frank and public apology/correction and if necessary, financial compensation for the hurt that has been caused to you the client. Where it is not possible to settle the dispute in court, we will be ready to fully represent your best interests in a court setting. Walsh and Partners LLP can assist with your defamation case in the following areas: . Advice post publication . Advice on pre-publication threats . Initiation of defamation proceedings on your behalf . Negotiation expertise . Dispute resolution . Litigation   Defamation Law Solicitors, Cork, Midleton and Dublin For further information about our other practice areas, please visit the following links: . Personal Injuries . Medical Negligence . Commercial and Corporate Law . Property Conveyancing . Dispute Resolution and Litigation . Employment Law . Family and Childcare Law . Agricultural and Farm Law . Renewable Energy and Wind Farms . Property and Land Law . Wills, Probate and Succession Planning . Debt Collection . District Court Representation . Defamation . Health and Safety Law . Landlord and Tenant Law . Civil Proceedings . Other Areas Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Workplace Relations Solicitor Ireland​

Workplace Relations Solicitor Ireland

Workplace Relations Solicitor, Cork City and Midleton, Ireland Expert Workplace Relations Solicitor in Ireland, Walsh and Partners LLP have offices in Cork City, Midleton and Dublin. The establishment of The Workplace Relations Commission (WRC) in 2015 is one of the biggest developments in workers’ rights of the past thirty years.    Workplace Relations Lawyer Cork, Midleton and Dublin   Before bringing a complaint it is advisable that the employee notifies their employer to ascertain whether the matter can be resolved through mediation or other means. Whilst an employee can fill out the Application Form without legal representation, it is recommended to obtain legal advice as employment legislation is complicated and there is a substantial body of employment legislation which has built up over the four decades. It is advisable to give as much detail as possible when lodging the application form in respect of the nature of the complaint. The application form give a number of options to assist with what complaints can be made.  All complaints made to the Commission must be made within six months of the complaint but if you can show reasonable cause for a delay, an extension up to 12 months will be granted in certain exceptional circumstances. Normally the procedure under the Commission is that legal arguments and evidence should be sent to them within 21 days from the complaint being made. Evidence would include statements from witnesses and any documents the employer and employee wishes to rely upon such as the contract of employment and personnel documents. The policies which the employer has in place such as grievance, bullying and harassment are key in ascertaining whether fair procedures were in place and these are factors which will be considered at a hearing. Accordingly, it is vitally important to hold on to any records, including documents, files and supporting correspondence throughout the complaint procedure. An oral hearing will then take place before an Adjudication Officer where evidence is heard.  They will then make a decision which they have 28 days to do.    If a finding is made against an employer, they are then required to enforce the Order.   If either party is no satisfied with the decision they are entitled to make an Appeal to the Labour Court in respect of the decision. Since the establishment of The Commission in 2015, it is now a lot more straightforward to bring a claim against your employer. Where previously there was a number of bodies dealing with the various facets of employment law, it now all dealt with within The Workplace Relations Commission.  The process is now a lot more streamlined and ultimately it is easier for an employee to now bring a complaint against his employer to The Workplace Relations Commission. Facebook Twitter LinkedIn Get in Touch

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Employment Contracts Solicitor Cork

DISMISSING AN EMPLOYEE

EMPLOYMENT CONTRACTS SOLICITORS CORK CITY, MIDLETON AND DUBLIN Employment Contracts Solicitors Cork, Midleton and Dublin: The Unfair Dismissals Acts 1977-2001 govern unfair dismals here in Ireland. There are two integral standards that should be noted: An employer must always have substantial grounds for the dismissal of an employee. Fair procedures and processes must be followed in the lead up to dismissal.   Unfair Dismissals Claims Solicitor Cork, Midleton and Dublin In order for the Unfair Dismissals Act to take effect, the employee must have been in continuous employment for a minimum of 52 weeks prior to dismissal. The employee must not have reached the recognised age of retirement for the specific role in question.   Automatic unfair reasons for dismissal include but are not limited to: Engagement in trade union activities, membership of a trade union or proposed membership. In the event that the employee is a party or a witness to legal proceedings against the employer. For reasons of race, colour, creed, sexual orientation, age or membership of the travelling community. Reasons relating to maternity, including but not limited to: pregnancy, breastfeeding, giving birth. The employee availing of their rights under Irish legislation such as maternity leave, parental leave, force majeure leave, adoptive leave or carer’s leave. Unfair redundancy selection.   Employment Contracts Solicitor Cork City, Midleton and Dublin In order to dismiss an employee fairly and legally, a combination of one of five statutory reasons is required. It will also be necessary to follow a fair and reasonable dismissal procedure. The five potential statutory reasons are listed below: Conduct or behaviour that is unacceptable or harmful. Capability to perform duties as set out in workplace contract of employment. Redundancy, where the employee has been fairly selected. Breach of statutory restrictions. A reason that is substantial and fair. In most instances prior to a dismissal, a disciplinary hearing should be arranged. During the hearing the employee will be given an opportunity to put forward their version of events that have led to these circumstances. The employee in question will also be given the opportunity to challenge any evidence put forward by the employer. An employee has a right to have a colleague or trade union representative present for the duration of the disciplinary hearing. This representative has the right to ask questions on behalf of the employee throughout proceedings. It is important to note that an employee can not be dismissed upon the first offence, the only exceptions to this rule are if a gross misconduct has been committed.   Unfair Dismissal Solicitors, Cork, Midleton and Dublin Where underperformance is the reason for dismissal, the employee should always be given the opportunity to make the relevant improvements and should be provided with a warning in advance. Dismissal proceedings should always include an informal and formal warning prior to final dismissal. The employee should also be given the opportunity to refute any claims put forward and appeal any warnings/letters of dismissal. In order to protect both employees and employers it is advised that strong business disciplinary procedures are in place. Where there is a question about unfair dismissal, business disciplinary procedures will play a large role in determining the outcome of any claims. Employers should always seek legal advice prior to dismissing an employee. Facebook Twitter LinkedIn Get in Touch

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Reputation Damage Solicitors Ireland

When word of mouth can damage your reputation

Reputation Damage Solicitors, Cork City and Midleton, Ireland As reputation damage solicitors in Ireland, Walsh and Partners Solicitors LLP is well placed to provide  expert advice and guidance to those who seek to protect their personal and professional reputations.  Dear Karen Walsh, A neighbour of mine rented a bull from me in order to calf his cows. Unfortunately his cows aren’t calfing yet, so he is telling the surrounding neighbours and other farmers that my bull is infertile. Not only is he telling them that the bull is no god, but he is also telling others not to do business with me in the future. This has a serious impact on my reputation and on any potential future business I may get for renting my bull out. This has all been proven by a letter/email he sent to another neighbour, which they showed me.  There is zero evidence that my bull is infertile, and a fertility test was completed before we ever bought him. The neighbour has also been unable to provide me with any evidence to the contrary. He has also never approached me personally to discuss this issue in private.  My main issue here is that I am losing business and neighbours who used to come to me before are no going elsewhere to rent their bulls.  Am I fighting a losing battle here or is there anything that can be done to stop this situation in its tracks? Dear Reader, What I find most unfortunate about your situation is that this could have been dealt with between you and your neighbour without getting anyone else involved. The fact that he has gone down this road, may mean you have a case for defamation.  In Ireland, defamation is covered by the 2009 Defamation Act,   This act does cover defamatory statements made by others both in writing and by oral communication. Reputation Damage Solicitors Cork and Midleton, Ireland. In section 6(2) of the 2009 Act, we can see that defamation consists of the publication of a defamatory statement concerning another person, by any means, to another person who is not the person about which the statement is being made. So that means basically, telling others things about you or your business that are not true.    A defamatory statement is defined as a statement that tends to injure a person’s reputation in the eyes of reasonable members of society. A defamatory statement can be one made in writing, or one made orally. It is important to note that the Act allows a  one-year time limit to take up a case of defamation, this may be extended to two years depending on the circumstances and the adjudicator’s discretion.  There are two awards that may be considered, these are: An award for reputational damage. An award for any financial losses incurred because of the defamation. It is possible that the court may also consider punitive damages should the case warrant them.  A correction statement or apology may also be required. Solicitor for Defamation, Cork and Midleton, Ireland It is always important to seek legal advice as soon as possible in these instances of defamation, particularly because the timeframe is quite small in which you can claim.  It is important to note, that if a statement is true, let’s say in your case that the bull is infertile, then no defamation is said to have taken place.  My first and most important piece of advice to you is to seek the services of a defamation solicitor, one that has plenty experience in this area. Don’t wait a few months, as the year can pass quickly and you could find you are out of time to take any action. Remember that any action you take, may result in a a quite public case, this could also impact your reputation, so it’s important to weight up your options carefully and consider if this could do more damage than good. Mediation may be the best option to preserve relationships for you, your neighbours and your business.      Facebook Twitter LinkedIn Get in Touch

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Inheritance Solicitor Cork

Inheritance can be challenging

Inheritance Law Solicitor Cork and Midleton: A Challenge for Families Inheritance Solicitor Cork and Midleton What many children may not be aware of is that there is no absolute right under law that says offspring are entitled to inherit any of their parent’s estate. Karen Walsh of Walsh and Partners Solicitors LLP talks about a challenging part of inheritance law, as an inheritance law solicitor in Cork, her experience and in-depth knowledge is invaluable for families.  In my article published in the examiner, I talked about a reader who was concerned about a woman that her father had recently started dating. The reader had a concern that this new partner could have some sort of claim on her father’s estate once he had passed.  In Ireland, the Law Reform Commission have proposed alterations to the legislation with regards to inheritance and children. Let’s take a look at this.  Inheritance Law, Wills and Estate Planning, Cork, Ireland The most notable change proposed was to section 117 of the 1965 Succession Act. A child has no right to inherit a parent’s property or estate when they die, unlike spouses or civil partners who have prioritised rights in this case. There is however an application process currently in existence that allows a child to make a Section 117 application to the courts if they feel they have not been adequately provided for in a last will and testament. This application allows the child to state that the parent has failed in their moral duty to provide proper provision for their care (in accordance with means). Where an application like this arises, each case is assessed on its own unique merits.  Prudent and Just Inheritance Solicitor Cork, Midleton and Dublin The new proposal is that this Section 117 application could be changed to accommodate only a ‘needs based’ approach.  The proposal will allow for only three exceptions, allowing children only to make a Section 117 application in these circumstances: (1) Where health requirements have not been provided for in the will. (Where long-term health issues are a concern) (2) Where the child has put their own career, needs or life on hold to care for a sick parent.  (3) Where sentimental value is of importance (and can be proven). The Law Reform Commission are not seeking to remove section 117 applications, they are simply seeking to streamline the process to discourage unnecessary disputes and irregular or non-justifiable applications.  Walsh and Partners LLP Cork, specialists in Inheritance Law Irish courts may be faced with challenging questions if this proposed change comes into effect. Large assets will have to be carefully considered, are they really sentimental or is the vale the most appealing aspect here for the applicant. One could say that a farm, house or business holds sentimental value, in these cases this could cause challenges for the deciding court. The vagueness of ‘sentimentality’ requires clarification in order to assist the courts in these instances.  There will be many unique circumstances to consider, all of which will uncover further clarifications required.  How severe do these health needs need to be to qualify for a S117 exemption? Can a child claim a S117 exemption if they simply live at home? This all remains to be seen for now.  The reason for these proposed changes are because of the change in demographics in Ireland since the legislation was first enacted in 1965. Families are smaller, each generation is living longer than the last, children are living at home in some cases into their thirties and forties. With fewer relatives to care for an ageing generation, this poses some unique problems that need addressing. Financial wellbeing for many years after retirement is now a top priority for most, as is the prospect of paying for long-term care, either residential or in the home.  With almost all children in a household educated to a minimum of second level and with a substantial portion of the younger population educated to college or university level, this can lead to parents spending more on education than previous generations and maybe, they shouldn’t have to be further financially burdened or provide further support. In conclusions, if this proposed amendment is enacted, it will make it more difficult for children to make S117 applications and seek inheritance where their parents have not provided for them in their wills. The burden of proof of eligibility will lie with the child making the application and this could be difficult to determine.  Walsh and Partners Solicitors LLP is based on the South Mall in Cork and also has offices in Midleton and Dublin City Centre. Karen Walsh, the Principal, writes a weekly column in the Irish Examiner Farming Supplement and is considered one of the most experienced farming and family law solicitors in the Country.     (021-4270200) Email: info@walshandpartners.ie  Web: www.walshandpartners.ie  While every care is taken to ensure accuracy of information contained in this article, solicitor Karen Walsh does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time. Facebook Twitter LinkedIn Get in Touch

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Squatters Land Rights Ireland

Squatter’s Land Rights Ireland

Squatter’s Land Rights Solicitor, Cork City and Midleton, Ireland Learn more about squatter’s land Rights in Ireland with Karen Walsh of Walsh and Partners LLP, who writes a weekly column in the Irish Examiner about farming law, land law and all things rural: Dear Karen, It has come to my attention that many years ago, my father squatted on land that bordered his farm and used it as if it was his own land. The problem is, that over twenty years ago he transferred the farm to my name and I also used this land as if it were part of the farm.  This has never been an issue in the past, however, I have no title to this land and neither did my Father. Is it too late now or is it possible to get this land titled to me? I would really like to get this sorted out finally and not have to worry about it into the future.  Thank you, XY Squatter’s Land Rights Solicitor, Cork and Midleton, Ireland Dear XY, First things first, let me tell you that this is not an unusual position to be in. My advice to you is to get in touch with a land law solicitor who specialises in Squatter’s Land Rights Ireland as it could be a complicated matter and not something you should try to deal with yourself.  Your solicitor will require some very detailed information form you in order to establish a case for land transfer to your name.  When did your father first start using the land? When did you first start using the land? When was the farm transferred into your name? What have you been using the land for? Was this land ever leased from anyone, i.e. did you pay a rent on it at any stage? If you did pay rent, who was it paid to? An in-depth history of the land usage will be required to optimise the successful outcome of your case.  The registered property owner will also have to be discovered and we’ll need to find out if it is a land registry or a deeds title so we know what court to make your application through.  Adverse Possession Lawyer, Cork and Midleton, Ireland Adverse possession in Ireland, as it currently stands, may allow you to make a claim on land that is not registered in your name. If you have occupied and used the land for over twelve years (exclusively) you may have a case.  If the original owner has not used the land or then there is a real possibility that they can be unregistered as the owner and you can gain title.  Here are a number of ways in which you can claim adverse possession and hence title to the land: Use of the land exclusively and continuously for over twelve years.  The registered owner has died over six years ago. If the land is owned by the state, the usage law stated in the first point is extended to thirty years. A simple occupation claim will not be sufficient to establish your case. Usage is the key word here.   There must be no doubt that the current occupier of the land has been the sole, continuous occupier for this time period.  A sporadic use of the property will not be sufficient to enter a claim for possession.  Each case will be assessed individually and on its own merits. There is no one size fits all for this type of action.  How do you make a claim for Adverse Possession? With the assistance of your solicitor, an application should be sent to to the Property Registration Authority along with a detailed affidavit detailing the history of usage and occupation with all relevant dates included. This will be your evidence that the property is in your possession. It is up to you to prove the claim to the Property Registration Authority.  Karen Walsh specialises in Farming Law, Family Law and Personal Injuries and can be contacted at the following: (021-4270200) Email: info@walshandpartners.ie  Web: www.walshandpartners.ie Facebook Twitter LinkedIn Get in Touch

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Land Transfer Solicitor Ireland

Land Transfer Solicitor Ireland: Wind Farms and Renewable Energy

Land Transfer Solicitor Cork City and Midleton, Ireland Wind farms and land transfer solicitor, Cork City, Midleton and Dublin, Ireland. You are a landowner or farmer and you receive a very well written letter in the post from a prominent wind farm development company. This company wants to develop a wind farm on your land and it sounds pretty good. A few days after you have received the letter you get a visit from a well-dressed representative from the company. This smart talking rep offers you the sum of €5,000 just to sign an option agreement for five years and you are thinking you have hit the jackpot. He has even said that after you have signed, he will give you €18,0000 for every single wind turbine that is erected on your land. This sounds like a pretty good offer. Let us not stop there! The rep also says that you continue on with your daily farming life without interuption and that the very first payment will be in your bank account within the month. All you have to do is sign the option agreement. What’s not to like? Well, we ask you think first about the old saying, that if something seems to good to be true, it probably is. Wind Farm and Land Transfer Solicitor Cork and Midleton, Ireland If as an experienced wind farm and land transfer solicitors Cork, if I could give one piece of advice to you now it would be, do NOT sign anything and seek expert advice immediately. You will have seen a lot of media coverage over the past number of years about the social, environmental, health and financial impact of wind farms, but in this article we will be focusing on the legal aspect. At Walsh and Partners Solicitors LLP we are experts in wind farm development, land transfer and renewable energy contracts. You can trust that we have your very best interests at the core of our business at all times. Option Agreements and Leases: We have repeated this many times but it is vital that you understand and are aware of the onerousness of option agreements and the impact they can have on you, your family and your livelihood into the future. A signed option agreement allows the developer to acquire your land and enter into a lease for development in the future. If at any time the developer requires your land for their wind farm, they can legally insist that a lease be put in place. Once this development starts, you can have wind turbines on your land from 25 to 35 years. Terms of the lease are also agreed at the time of signing the option agreement so the small print here is really important. The lease can not be renegotiated at a later date. Once you have signed there is no going back. In most cases we find that the developer will look for an option period of five to ten years and this may not fit with your plans for the future. In cases when the term of the option agreement is longer, there should be a clause that allows you to receive milestone payments. We also advise that a clause be inserted prior to any signing that allows you to state that planning permission needs to be applied for within a certain timeframe. Just one week ago I spoke with a farmer who had been approached with an option agreement. This agreement would have allowed the developer to develop a large wind farm on his land over a ten year period and would have allowed them to lease his land for a minimum of 35 years. Think about it, that is almost half a century of his land being occupied by developers. Thankfully on this occasion the farmer took my legal advice and declined to sign the option agreement. We are now in progressed negotiations with the developer to insert more favourable terms into the agreement that will ensure the farmer is happy and feeling secure about the terms of the lease. Windfarm Solicitors and Land Transfer Solicitor Ireland Once the option agreement has been signed it can be triggered at any time by the development company simply by applying for planning permission for a number of turbines and getting connected to the national grid. If for any reason the development does not go ahead and the lease and option agreement have not been triggered, the only payment you as a farmer or landowner may receive is the initial payment. Land transfer solicitor Ireland, Walsh and Partners can talk you through all the important aspects of land transfer law.  It is up to you in conjunction with a wind farm legal expert to negotiate all terms of the lease. The end goal should be to ensure that you are fairly compensated for any risk you are taking and the onerousness of the terms you have accepted. Your future property rights are incredibly important and need to be negotiated and addressed in detail prior to signing any agreement. Most wind farm development companies have negotiated hundreds if not thousands of leases and you can be assured that they can do this stuff in their sleep. Standard option agreements are drawn up and they will always favour the developer, so it is up to you and your solicitor to ensure you negotiate these terms. Think of the standard option agreement as a starting point and take it from there. I.F.A. Minimum Terms The I.F.A. (Irish Farmers Association) have negotiated minimum terms with two major players in the wind farm development market. These are Element Power Limited and Mainstream Renewable Power Limited. The outcomes of these negotiations are listed below: An annual payment of €1,000 during the option period. A minimum yearly lease payment of €18,000 per turbine and €6,000 per MW. Payment of 5% of energy price and green credits after 2015, 3% for years prior to that. Forestry:             (a) Wind farm development company

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Wills and Probate Solicitor Cork

Wills and Probate Solicitor Cork

Wills and Probate Solicitor Cork City, Midleton and Dublin Wills and Probate Solicitor Cork City and Midleton: Karen Walsh tells us why protecting your family and farm with a well written will is one of the most important things you can do when planning for the future. You may be surprised by the amount of people who do not leave a will behind with directions for their wishes after they pass. Many may also never have the chance to do so or perhaps they may feel it’s something that can wait for another day. This should not be the case, leaving a will is one of the most thoughtful things you can do for your loved ones and will spare them from expensive legal costs should disputes arise.  Wills and Probate Solicitor Cork City, Midleton Main Street and Dublin Perhaps consider making it your new years resolution to get your will sorted out in this coming year, it’s a step you won’t regret. When you die and leave behind a will, you are said to die testate in the law. Should you fail to leave a will there are certain rules that apply which determine who will receive your estate. These rules are called intestacy.  Unfortunately if we pass away without leaving a will, it can mean that our worldly goods could be distributed in a way that we may not have agreed with and is not in line with our wishes. Let’s take a look at the rules of intestacy: 1. Should the deceased leave behind only a spouse, the entire estate will pass to them. 2. Should the deceased leave behind a spouse and offspring, the spouse will receive just 2/3 of the estate whilst the children will be entitled to receive the remaining third. This may not be what you wish for, so it’s so important to leave a will in this instance.  3. Where no spouse or parent is left, all children will benefit equally from the estate.  4. When there are no children, spouse or civil partners to inherit, the sisters and brothers of the deceased will benefit equally.  5. Where no children, spouse, civil partner or brothers and sisters are existing, the estate will then pass to any nephews or nieces and they will benefit in equal shares. 6. Now this is where it gets interesting, when none of the above listed family members are alive or existing to benefit from the will, the state will seize the entirety of the estate and it goes completely into state ownership.  Making a Will in Ireland At the time of making your will, you will need to decide who will be responsible for administering your estate and will. You may name more than one person, and it should be someone that you trust to carry out your wishes in their entirety. This person or persons will be referred to as the executors.  Wills and Probate Solicitor Cork and Midleton: The importance of making a will cannot be understated, taking care of your loved ones will be a huge relief to them at a time of huge pain and disruption. For those of you who are quite young and putting off making will, I would ask you to think twice, particularly if you have young children. Parents of children will want to make sure that in the event of their untimely death the children are placed with people they trust and love.  For farmers and landowners, Walsh and Partners Solicitors LLP specialises in wills that encompass all aspects of your estate and go into all the detail required to ensure the family or beneficiary can continue with the farm. Once a will is drafted professionally it can have a huge impact on the amount of inheritance tax that your family may have to pay and will minimise the costs for them.  None of us like to think about the inevitable, but unfortunately it comes to us all at some stage. It’s important that we look after those we love in the event that we pass, and leaving a will can release the burden from your family during a difficult time.  Call the team here at Walsh and Partners LLP to make an appointment about drafting a will. Make the New Year the time you finally get around to this vital piece of documentation.    Facebook Twitter LinkedIn Get in Touch

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Transferring the Family Farm

Transferring the Family Farm: Getting your Ducks in a Row

Transferring the Family Farm Solicitor in Cork City, Midleton and Dublin Transferring the family farm to another family member is a common legal transaction here in Ireland. How does farm transfer affect pension entitlements? When a family farm is being transferred to a child or a relative, the parties involved in the transfer will need to plan and prepare in advance. This is very important; the transferor and the transferee need to be aware of the implications of transferring the farm. In this article, we will try to set out some of the practical considerations that the parties should consider before the transfer takes place. Know your rights when transferring the ownership of your farm It is advisable to involve all your children in the process and communicate to them your plans in respect of the transfer of the assets. If one child or relative has been farming the land with you, it may make sense that the lands are transferred to them, but you may also need to provide for your remaining children, and you will need to look into the best way of doing this. For instance, you may wish for sites to be left on the farm which are to be transferred to your other children.   Will you be adequately financially provided for if a farm transfer takes place? You may wish to look into what conditions should be attached to the farm transfer. It is very common in farm transfer that a right of maintenance or right of residence is a condition attached to the transfer of the farm. This will allow you to remain in the farm house for the remainder of your life, and for you to be financially looked after by the transferee for the remainder of your life. It is important to explore the transfer of the farmlands from all perspectives, including obtaining advice from an accountant or a tax consultant as to the most tax efficient way of transferring the farm. Legal Advice for Farmers and Land Owners It essential that both parties to the transfer get separate legal advice and separate tax advice. If there is a mortgage, for which lands are held as security, you should contact the financial institution, to obtain their consent to the transfer. This should be done as early as possible. If you are transferring the land, it is advisable to look into your position in respect of your pension. As farmers are self- employed, they should establish their position with the Department of Social Protection in relation to their PRSI contributions, and eligibility for the Contributory State Pension. Spouses of farmers should also make enquiries in this respect.   There are many tax implications of transferring a farm And it is absolutely imperative that you get advice from a tax consultant in this respect, before entering into a farm transfer. There are a number of reliefs that the parties to the transfer can potentially avail of. It is important to get tax advice at an early stage as to whether the parties will qualify for these reliefs.   There are also quite a number of legal implications as regards transferring a farm, and we would recommend that you instruct a solicitor early on, to consider the title. There may be burdens on the title, such as rights of ways, which your solicitor will advise you on. Certain burdens on the title can be potentially be removed, and it is advisable to deal with these well in advance of the transfer.   If the farm is being transferred to you, it essential that you are aware of to what exactly you are taking on. It would be advisable to obtain the accounts in respect of the business or the farm as you need to be certain, as to what liabilities and debts you are taking on once the transfer has been completed. Poor communication between family members when a business is being taken over is common, and it is preferable that any potential issues are ironed out ahead of the transfer taking place. In this respect, it is again of benefit to have instructed professionals at an early stage, in order that the transfer can proceed smoothly. Property and Agricultural Law Firm Cork Read Karen Walsh’s article about transferring your family farm on the Irish Examiner website, where she is a regular contributor. Preparation and planning are key, before a farm transfer takes place and it strongly recommended you take advice from a solicitor and a tax consultant at an early stage before proceeding with a farm transfer.     Facebook Twitter LinkedIn Get in Touch

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Farm Incorporation Ireland

Farms go limited

Farm Incorporation Solicitor Cork and Midleton, Ireland If your farm has reached a level of growth that requires tax in the higher tax band, then it may make financial sense to incorporate your farm. Every year Ireland sees a growing amount of farmers incorporating the family farm. Farm incorporation Ireland has become a different way of looking at your family business.   Farm Incorporation Ireland with Walsh and Partners LLP The obvious benefit to farm incorporation in Ireland is the limited liability placed on the business. This limited liability means that the farm is now a company, it’s own legal entity if you will. Should an instance occur where you are being sued, then it is only the farm as a corporation that can be sue and not you or your family. This is of particular interest when there is multiple owners or shareholders, as with a limited company no private assets can be seized in the event of insolvency.  Another large advantage to incorporating your farm is that it makes succession planning so much easier.  Succession planning can be a bit of an ordeal and place a huge burden on individuals who are doing their best to provide for their families futures in a way that is beneficial to them and tax efficient.  Particuarly for parents with more than one child, let’s say you have one kid that’s running the business and another who you just want to provide for in the future. Incorporation makes striking this delicate balance a whole lot easier.  When your farm is incorporated, it can be easily split into shares and distributed amongst the individuals of your choosing, this is in stark contrast to the work that’s involved with sharing a business run as a sole trader. There may also be large tax benefits to taking the incorporation route.  However, should you wish to benefit from the above, you will need to establish whether this is viable for your business and your family. As with every large decision, there are pro’s and con’s. If your farm has reached the higher tax band, then it may well make sense to incorporate your farm and avail of the lower corporation tax, which stands at just 12.5%. Make your farm a limited company in Ireland It is of course also very important to consider how much income you would normally draw down from the business for personal use. Any money drawn from company accounts will be subject to normal tax rates, so you will want to avoid this as much as possible.  Read more about incorporating your farm in Ireland in Karen Walsh’s  article about Farm Incorporation. Facebook Twitter LinkedIn Get in Touch

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Land Law Solicitor Cork

LAND LAW AND BOUNDARIES

LAND LAW SOLICITOR CORK CITY AND MIDLETON, IRELAND Land law solicitor Cork, Midleton and Dublin, Karen Walsh talks about boundaries. Always check that maps are accurate to avoid any negative interactions with your neighbours It is imperative that prior to purchasing a property, the buyer should employ an engineer to ensure that the maps and the boundaries of your property are the same. This will give the buyer confidence that the property being shown matches up with the maps.   Property Solicitor, Cork and Midleton In some instances, natural occurring features will alter the appearance of the landscape and therefore the boundaries may look out of sync with the maps. This may include river erosion or uncontrolled hedge growth. It is also possible that a dispute about a boundary can happen simply because land owners may genuinely forget where the boundary to their land lies, particularly on farm land where large land borders may not be clear. Where an unexpected death occurs and change of ownership is being pursued there may also be some uncertainty in terms of boundaries. These uncertainties can end in disputes between neighbouring land owners. Disputes can also arise where there are access ways shared between properties, the right to light, drainage rights, air rights and in some cases where trees planting on a neighbouring property overhang the land. It is vitally important to employ a reputable engineer or property surveyor to establish property boundaries prior to making your purchase. Here at Walsh and Partners LLP we are happy to arrange this for you. When you purchase or inherit a property, one of the very first things you should do is clearly establish the boundaries of your land. This will ensure future disputes will not arise. Boundary disputes should be avoided at all costs as they can in some instances last years and have potential to cause great stress to all involved, often these cases can lead to disputes between families, which can cause hurt and distress. If you are in any doubt about the boundary of your or a neighbours land, please get in touch with a member of the team here at Walsh and Partners LLP and we will examine your title documents and employ an engineer to carry out an assessment immediately.   Land Solicitor Cork City and Midleton We strongly believe that if court proceedings can be avoided then they should. Boundary disputes tend to be lengthy and tend to leave ill feeling between both parties. What tends to be overlooked in a lot of these cases is that the area of land disputed can be quite small and the legal costs and human costs far outweigh the worth of the land. Ongoing land disputes can also have a negative impact on the value of the land so an early resolution is always the best option for all involved. In the event of boundary disputes, we would urge land owners to get in touch with a land law expert at Walsh and Partners LLP to discuss the options available. Our advice would always be to keep a healthy relationship with the neighbouring landowner as this will greatly ease proceedings. The ideal outcome for your land dispute should occur outside the courts in a manner that leaves relationships intact and avoids acrimony, this can be achieved through mutual agreement or mediation. The law governing land boundary disputes in Ireland is covered under the Land and Conveyancing (Law Reform) Act of 2009. Let’s take a look at an example of a land dispute to further explain: This dispute arises if a stream, waterway or rivers indicative of the boundary between farms or neighbouring land. Under Irish law the general assumption is that the ownership of land extends to the centre point of the river (unless owned by another owner). Where the dispute is heard in court the judge will ask both parties to provide evidence, examine the property deeds and then give a verdict on the boundary issue. However, we would urge parties to consider other options before taking this route. Legal costs can soar and the court process can take many years, resulting in ill feeling, distress and financial hardship for those involved. Prior to engaging in the court process your solicitor should always outline to you the estimated costs associated with the dispute, keeping in mind that these costs may fluctuate due to the work involved and the length of the process. Costs will always be considerably higher once the dispute is referred to the courts and there is a possibility that if the dispute is unsuccessful, the claimant may be liable for the costs of the other party.   Land Law Solicitor Cork, Midleton and Dublin Always speak with a solicitor prior to making decisions about land disputes. Our legal team will appoint an expert engineer to examine all aspects of the dispute and we will advise on the best course of action at that point. Where a dispute cannot easily be resolved, and where both parties wish to avoid the costs of court proceedings, we will offer mediation or arbitration to resolve the dispute. Facebook Twitter LinkedIn Get in Touch

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Turbary Rights Ireland

Know your turbary rights before a day’s work in the bog

Turbary Rights Solicitor, Cork, Midleton and Dublin, Ireland Turbary Rights Ireland, know your rights to cut and carry. Turbary rights are a common issue in the rural community, and one which can unfortunately cause some confusion. The rights were formerly granted and administered by an estate landlord, who would allocate a specific bank of turf to each of his tenant farmers. The management of the banks of turf was usually taken over by the Land Commission when it acquired the landlord’s estate. A right of turbary in relation to bogland, in its simplest form, means the right to cut and carry away turf from a specific plot of bogland, and includes the right of preparing and storing on the bogland any turf that you cut from it. When vesting the farms in tenant farmers, the Land Commission would often establish a trust to run the bog. The Commission would then vest the farms in the various tenant farmers along with the right to take turf from a specified portion of bog. The turbary right would be registered on their title in the Land Registry. The right to take turf for fuel in a house does not attach to the lands, but attaches to the dwelling house situate on the lands: it cannot be apportioned or severed from the dwelling house. If, however, the dwelling house is replaced by another dwelling house on the same lands in continuance of the older dwelling house, the right of turbary automatically attaches to the new dwelling house. On a transfer of part of lands on which there is an attached right of turbary, the right will be registered on the title of the part on which the dwelling house is situate, and will not be registered of the part that is severed from the old dwelling house. It is important to note that the extent of the right is limited to the fuel requirements of the dwelling house. It is not a right to cut and sell turf. The person with the right does not acquire any other right in the land from which the turf is being taken. So how do you identify the plot from where you are entitled to take turf? It is not uncommon that a right of turbary is generally in common with others, so you will not be the only person to cut turf from the plot. Any person with a right of turbary only does not actually own the bog, they only have a right to cut turf from that plot The person who owns the bog is the person who has such title to the bog that entitles him or her to grant rights of turbary over it. It must be a greater interest than simply a turbary right. In order to ascertain who actually owns the bog, your solicitor can carry out a search on the Land Registry website. Rights of turbary can prove to be a contentious issue. It is always wise to firstly clarify your own position before doing anything further.   Published on Irish Examiner – Thursday, September 13, 2018 Facebook Twitter LinkedIn Get in Touch

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House Sale Solicitor Cork

SELLING YOUR HOME – PROPERTY SOLICITORS – GET A QUOTE TODAY.

HOUSE SALE SOLICITOR CORK AND MIDLETON – PROPERTY SOLICITORS – GET A QUOTE TODAY. To ensure the sale of your home goes as smoothly as possible, it is essential that strong organisation is at the top of your list. Hiring a house sale solicitor is vitally important to ensure all aspects of the sale go to plan. House Sale Solicitor Cork, Midleton and Dublin We have found that certain times of the year are most popular for selling properties and the early Autumn is when most listings seem to appear. The children have returned to school and the long summer days are almost at an end. Whether you are selling your primary place of residence or a property that you have invested in, you will find that selling a property is something most of us will experience at least once in our lifetime. We have provided some essential tips to ensure that this experience is as stress-free as possible. 1. To avoid any delays, it is important to locate your title deeds in advance of any sale. The most likely scenario is that the title deeds are held by your solicitor or mortgage holder. For those of you who have paid off your mortgage in full, it is still possible that your bank or mortgage holder still has possession of the documents, so make that call early and have the deeds in place ready for transfer to the new owner. If your property is in negative equity you will need to get written permission from your mortgage holder to sell the property. This written consent should be requested as soon as you decide to sell your property as it can take a number of months to arrive. 2. Your house sale solicitor in Cork, Midleton or Dublin, should be instructed to review your title deeds prior to any advertisement of sale. This is advised to ensure that any issues are addressed early in the process. Issues can include unregistered rights of way, mapping errors or problems with planning permission. Providing the new owner with a clean title deed is vitally important to all involved. 3. If you have extended or altered your home in any way that required planning permission, this planning documentation will need to be provided to your solicitor. The purchaser of your home will also need to be provided with all and any certificates of compliance, building regulations and planning permissions. Initially you will need to provide this information to your solicitor, they will review and advise you on any further steps you need to take. The reason we have this paperwork in order pre-sale is to ensure the potential buyer has all the information they need to make an informed decision. If this documentation has been neglected and the buyer discovers a discrepancy, they may withdraw from the purchase. This can be an expensive waste of time for all involved. If your property was constructed before 1964, planning documentation is not necessary. For all homes or properties constructed after this date, certificates of compliance, building regulations and planning permission will need to be provided as evidence of compliance. For any extensions to your property that are exempt from planning permission, a certified engineer will need to confirm and certify this. Any parts of your home that were altered and for which planning permission was not sought will need to be retroactively dealt with e.g. Velux windows. Retention permission may take up to three months to complete. 4. All maps of your property should be checked for accuracy. Maps of your home will need to reflect accurately the property for sale. 5. You should always speak with your accountant or tax consultant prior to selling your home. They will advise you on any capital gains tax that you may potentially have to pay upon completion. Capital gains tax is calculated based on the value of the property and the value when the house was originally purchased. Selling your Home, Lawyer, Cork, Midleton and Dublin 6. If you are including the contents of the house with the sale, it is important to make an inventory of all items and keep this with your solicitor. This list will be used to ensure there are no disputes at a later date. 7. For those of you who are selling a rental property, it is vitally important that you serve your tenant with a valid notice of termination and give them sufficient time to make alternative living arrangements. If you are selling the property as a going concern and the tenant is staying in the property, you will need to hand over their deposit to the new owner as well as all paperwork relating to the tenancy agreement. This paperwork should include RTB registration and any apportionment of rent agreed. 8. Property tax paperwork should be given to your solicitor along with any receipts or statements you have for the household charge, property tax and non-principal private residence charge. Should you have a septic tank on the property, this will need to be registered with ‘Protect Our Water’ if not done so already. All of this information needs to be provided to your solicitor prior to any sale. 9. In many instances, homeowners will be selling their home and buying another property at the same time. This can be a tricky juggling act so it is important that you are working with a solicitor who has great experience in this area. We find that securing a binding contract for the purchase of your new home is normally the most important first step. Some buyers and sellers may wish to sign a purchase contract for their new home based on the sale of the old property going through. There is no pressure to have both purchase and sale go through on the same day as this can add to unnecessary stress and last minute delays. 10. Organisation, organisation, organisation – the key to selling your home in the most stress-free and

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Family Law Solicitors Cork Ireland

FAMILY LAW SOLICITORS CORK

FAMILY LAW SOLICITORS CORK, MIDLETON AND DUBLIN Walsh and Partners LLP are family law solicitors Cork, Midleton and Dublin, we offer expert advice, support and legal skills in the area of familial law. For most of us, conversations about money can be uncomfortable. There is an age-old tradition in Ireland that people do not speak about money, be it their savings, investments, income, debts or otherwise. However, it is very important that couples planning on getting married sit down and have these awkward conversations. It is important to engage expert family law solicitors from the outset. Family Law Solicitors Cork City, Midleton and Dublin Although the thought of a potential separation or divorce is one which couples never want to tackle when newly married, the prospect of having to split assets in the event of marriage breakdown is a daunting one, and having a pre-nuptial agreement can lead to peace of mind. Young farmers getting married will want to protect their assets, as it is common for farms to stay in families for generations. Parents when transferring land or a farm to their children can be anxious to keep the farm in the family and would prefer it is not sold or divided.The difficulty is that if the land is divided or split, it may be unfeasible to derive an income from the farm, and it would potentially be no longer viable and may have to be sold at potentially reduced value. A farm is not just a business. It is for most farmers a way of life, with entire families and extended families working on farms, and parents or grandparents working well into their old age. For most couples where one is a farmer who owns a farm or is due to inherit a farm, the other party has no wish that the farm be divided, if the marriage breaks down. A prenuptial agreement can ensure that this does not happen, while still ensuring division of assets is fair to both parties. When a marriage breaks down, and the couple cannot agree on how to divide the assets, a court must decide how to distribute their assets. Proper provision must be made for both spouses and for dependent children. The court will take into account the length of the marriage, the financial contribution or other contribution both parties made to the marriage, the current and predicted future income, the earning capacity and assets of each party and the accommodation needs of both. Each case is decided on its own circumstances. The court will also look at the welfare of the children before making an order. A pre-nuptial agreement can simplify everything in the event of a marital breakdown. It is a written contract created by two people engaged to be married. It should list all of the property you own, your assets, and your debts, and it should specify what will happen to those assets and debts in the event of marital breakdown. There is no legislation preventing a couple from making a pre-nuptial agreement, but the courts are not strictly obliged to enforce such an agreement. A properly drafted prenuptial agreement will nonetheless influence the court in the division of assets. The pre-nuptial agreement must be fair and make proper provision for both parties, in order for a court to be satisfied that by enforcing it, they are making proper provision. There are several factors to ensure that the agreement will be considered by the court if the marriage breaks down, and the court is making an order in respect of distribution of assets. Both parties should receive independent legal advice from family law solicitors before signing a prenuptial agreement. This will help to prevent any decisions being made under duress or undue influence, if both parties are advised fully as to legal implications of signing the agreement, particularly in respect of the division of assets. The parties involved should not rush into signing an agreement. It is advisable that the agreement should be signed six months before the wedding, and adequate time is taken to read, review and amend the agreement.The parties involved should fully disclose their financial position including all assets, income, liabilities and debts. If they do not do this, there is a risk the court may take the view the agreement was not entered into in good faith, and may not make an order based on the terms of the agreement. It is also advisable to update the agreement on a regular basis, particularly after life-changing events such as having children, or inheriting or acquiring further significant assets. A review clause should be inserted in the agreement to allow it to be reviewed every few years. Nobody likes to plan or make contingency for a marital breakdown, when they are about to enter into a marriage.However, it may suit the parties to have an agreement in respect of division of assets in the event of marital breakdown. Although it is not enforceable, the court may wish to honour the parties’ wishes when making an order in respect of division of assets. The parties would have the option to enter into a separation agreement based on the terms of the pre-nuptial agreement, by consent. However, if the matter is contested by one of the parties, the court will then make an order based on proper provision, but may be led or influenced by the terms of the prenuptial agreement. If you wish to enter into such agreement, it is strongly recommended you seek the advice of family law solicitors to draft it for you. Facebook Twitter LinkedIn Get in Touch

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Parental Care Legal Advice Ireland

PARENTAL CARE LEGAL ADVICE IRELAND

PARENTAL CARE LEGAL ADVICE SOLICITORS, CORK, MIDLETON AND DUBLIN Parental care legal advice Ireland, with Karen Walsh. Ensuring that you have an up to date will is one of the most important steps you can take to prevent future worry.  Karen Walsh of Walsh and Partners Solicitors LLP addresses the concerns that may arise regarding the legal aspects of parental care. Parental Care Legal Advice Ireland Dear Karen, Putting my mother in a nursing home is not an option I want to consider. Last November, my elderly mother took a fall and broke her hip and this has caused some conflict and raised some issues at home. As a single woman in my mid-forties, with a strong career and my own home, I have a strong relationship with both my mother and my brother. Unfortunately our father died some years ago and my brother was on hand to take over the running of the family farm at an early age. My brother is now married with 2 children and he and his family live in the family home that is sited on the farm. His wife also has a part-time job. Understandably, upon the death of her husband, my mother did not want to leave the family home as she had many precious memories there. She took the step of paying for and building a granny flat on the property, which consisted of the transformation of the ground floor into a personal space for her use. When she broke her hip in November, I took some time off work to care for her, take her to hospital appointments, assist with physio appointments and give her the general care she needed at the time. I did ask her if she would like to move in with me as my home is central to all facilities. We would have needed to do a bit of conversion work, but I was okay with that. Unfortunately at this point I had a bit of a falling out with my sister-in-law as she took some offence when I suggested they could chip in more with helping our Mother, I really just wanted someone to help with the odd trip to mass or smaller things like that. My sister-in-law said they were not in a position to help as they had the farm to run and she would have to hire a childminder to look after the kids. So I decided at this point that it was just easier to put my head down and do what I could myself. Now I am aware that they most likely do a lot for our mother, particularly when I am not there, however from the outside it appears like she may be hesitant to ask them for any assistance at all. She will call me to bring her groceries from town or to take her in to do her shopping over the weekends, and will call on me whenever she requires transport to bring her to see family or friends. It’s unfortunate, but she really does need this extra assistance since she broke her hip and requires assistance with everyday chores that will ensure she doesn’t injure herself further. There was an instance when I called to the house one evening last week and she was still in her bedclothes, unable to get changed and had not asked anyone for help. Suffice to say the fall and subsequent injury really knocked her confidence and seemed to take a part of her with it. More recently (and I attribute this to the fall), she has become more forgetful or scattered if you will and has been forgetting things that we would normally take for granted, like the number of grandchildren she has, or in some cases asking after old friends who may have passed away many years ago. So now, I feel I’m stuck between a rock and a hard place and I don’t know what to do. At this moment in time it seems like my brother and his wife are reluctant to be more hands on and unfortunately I don’t have much spare time myself either. There is the option for me to go part-time at work, which I am willing to do if there are no other options. However, there will be costs associated with this, not just through the lower income, but for any special treatments or attention our mother needs. I am concerned about these costs and whether I can manage them on my own. The farmhouse is of course still in our mothers name and she does have a small amount of savings, but it’s unlikely these would last long in the grand scheme of things. Nursing homes seem like an incredibly expensive option and I’m just not sure that the funds are there to cover this. If we were to employ home help, would this be an option, is there assistance available for this or would I have to pay for this in full myself? Can the house be sold if she had to go into a nursing home? Many thanks for your guidance, X Response: Parental Care Legal Advice Ireland Dear X, Thank you for getting in touch, it sounds like this is a difficult situation for everyone involved. Of course, the most important aspect of your letter is the health of your mother, and if you have not done so already, I would urge you to seek medical advice and take her to see her GP or specialist consultant. It is unfortunate to hear that she seems to be confused at times, this can be an early warning sign of dementia so this will be something you may need to take into consideration. Upon consultation with a medical doctor, the next step I would advise you to take would be to ensure your mother has her will up to date, this will make sure there are no complications further down the line between your brother, yourself, and your sister-in-law.

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Irish Farming and GDPR

FARMING, SOCIAL MEDIA, GDPR: ARE YOU READY FOR IT ALL?

FARMING, SOCIAL MEDIA, GDPR: ARE YOU READY FOR IT ALL? Irish Farming and GDPR can be complicated, but it need not be. Embrace social media but be aware of your responsibilities and legal obligations, says Karen Walsh. Irish Farming and GDPR Social media has become increasingly prevalent in the modern world and has become a key tool for businesses when marketing their products. Social media can be an especially useful platform for showing how the farming process works and for promotion of agriculture. Consumers are highly active on social media platforms, and are constantly being fed information. Social media is not just a way for farmers and businesses to communicate with the consumer, it also allows the farmer or business to learn from the consumer. Like everyone else, farmers should make themselves aware of the legal aspects of the digital world we live in, in areas such as defamation and data protection.The main social media platforms are Facebook, Twitter, Instagram, Snapchat and LinkedIn. Most businesses have their own websites and social media pages. When using social media, the following legal issues have to be considered:Privacy;Freedom of expression;Data protection;Intellectual property rights.If you have farm employees, it is advisable to have a clear policy on social media in place. What is also critical is that you make your employees aware of such a policy. In case law before the courts, the Employment Appeals Tribunal has refused to uphold otherwise fair dismissals where social media policy was unclear. Defamation is becoming increasingly common in Ireland with regard to social media websites. Defamation is normally where an untrue statement has been published in respect of a person or group of persons that has damaged that person’s reputation in the eyes of reasonable members of society. Publication would include verbal communication, email and internet postings, as well as publications in newspapers and on television or radio. People often think you cannot defame somebody on social media but that is not the case, and it is important to be aware of this. Defamation law in Ireland is governed by the Defamation Act 2009. People are also afforded protection and a right to privacy and protection of their personal data. This is part of the Charter of Fundamental Rights of the European Union and is dealt with in Articles 7 and 8. On May 25, 2018, the General Data Protection Regulations (GDPR) will be enforced. Farmers who operate on a large scale, and have a number of employees, should be aware of these regulations, and it is important that you prepare your business for the regulations, which would include internal record keeping requirements. For a very large business, it may be necessary to appoint a data protection officer. Breaches of the regulations may result in prosecution by the relevant data protection authority. Take Social Media by the Horns In summary, Irish Farming and GDPR can be a match made in heaven, whilst there are certainly advantages to using social media, and it is recommended that farmers embrace social media, it is important to be aware that there are certain responsibilities and legal obligations when using social media platforms. If you are concerned that your legal rights have been breached, or that you have potentially committed a criminal act by using social media, it is advisable that you consult with a solicitor. Teagasc has a particularly helpful guide to social media for farmers that is well worth the read! Facebook Twitter LinkedIn Get in Touch

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Witness for Compensation Claim Ireland

Having witnesses is important when presenting your Compensation claim

Witness for Compensation Claim in Ireland Presenting a witness for compensation claims in Ireland is vital to the success of your case. To properly present your compensation case, you will need a team of professional witnesses to deal with certain aspects of the claim.  The professional witnesses are experts in certain fields of legal evidence and are vital to a successful outcome to your case.  Doctors, surgeons, dentists, psychiatrists etc. play a very obvious and important role in establishing the nature and extent of your injury.  Accountants can play an important role in establishing the loss of earnings particularly of a self-employed person. Witness for Compensation Claim Ireland An actuary does a similar job to the accountant but instead of looking at past losses, he or she is more concerned with projecting future losses.  An actuary is needed when a person is so badly injured that he will be unable to work in the future or where the injured person will only be able to do a less well-paid job because of his injuries. An assessor is used in car crashes to calculate the cost of repairing the damaged car.  The motor assessor will decide on depreciation and will also advice whether it would be economical to treat the car as a write-off or have it repaired. Personal Injury Compensation Cork, Midleton and Dublin Architects are employed to prepare plans of the scene of an accident and perhaps to make observations on the design of the building where the accident took place. Engineers sometimes overlap with architects in that they also prepare reports on the scene of an accident.  However, they can come into their own when the injury was caused by a dangerous machine or system of work. Seeking out good expert witnesses is important.  It can be expensive.  Many Plaintiffs find the costs and effort worthwhile because a good expert witness can greatly add to the success as well as the smooth presentation of your compensation case. To learn more about compensation claims in Ireland, visit the PIAB website.  Walsh and Partners Solicitors LLP, Midleton, Cork and Dublin See walshandpartners.ie/blog for more on Compensation claims! Facebook Twitter LinkedIn Get in Touch

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Succession Planning Ireland

SUCCESSION PLANNING

SUCCESSION PLANNING SOLICITOR, CORK CITY, MIDLETON AND DUBLIN, IRELAND Succession planning Ireland, solicitors advise and expert guidance for businesses of all sizes. Every family is unique. The movement from one generation to the next is one every family must consider, especially if there is a family business. As a solicitor specialising in succession planning and property and probate over the years I have noticed common factors and advices that are applicable to all families. Succession Planning in Ireland with Walsh and Partners Solicitors LLP Here are ten basic tips on how to implement a successful succession plan to ensure that the transition takes place smoothly. Start planning now. Do not rush succession planning or your will. The earlier planning begins the greater the number of options. Start talking and planning now. The single piece of advice I would give to any parent wishing to transfer assets to a child is not to leave it until the last minute and rush into it. Communicate, communicate, communicate! For some families deciding what to do with the family home, business or other assets, can be very troublesome. How can you pass the assets to the next generation while at the same time not create any animosity, or envy between the children? Every situation and family is unique but what will help greatly whatever you decide is to be open and honest and communicate clearly with your children from the outset. Involve all your children in the succession process and communicate to them the final plan for distribution and transfer of assets. Often people tend not to feel aggrieved or disappointed once they understand the reasons behind your decisions. Explain why you have decided to leave the family home to John or divide the land between John and Paul, or sell the business and divide the proceeds between John, Paul and Mary. Make a Will or review your existing Will. While you are deciding what to do, ensure you have a valid up to date will in place should an unforeseen premature death occur. If you do not make a Will, your estate may pass to those you would never have intended to inherit it. For example, Mary and John were married and they had three children. John died and did not leave a Will. Mary inherited two thirds of John’s estate and his children inherited one ninth each. Be aware of the five-year ‘look back’ rule when or if you need to apply to the HSE/State for nursing home financial support. If parents have transferred assets within the 5 years prior to this, they will be included in calculations when the State conducts means testing.  Consequently the only ‘safe’ transfers are those where a clear five year period has elapsed between the time of the transfer and the first application for State support. This is a relatively new consideration for people Ensure you know how much any transfer of assets will cost you. The successor will also need time to find out how much it will cost him or her. The tax payable, if at all, depends on the circumstances, of each case and a detailed discussion is needed with your solicitor and tax consultant/accountant in advance of any transfer of assets taking place. Create a list of all of your assets and debts so your solicitor has the full picture when you attend at the office to discuss the proposed succession plan. It will also be easier to divide up your assets between children once you have listed them all out on paper. Do determine the most important things, values and priorities to each individual family member to help you decide what to do. It is good starting point to ask each child to identify something from the family home which they would like to be theirs after your lifetime. Do address the issue of fair (equitable) equal division of the assets early. Sometimes one may not want to divide an asset between too many people it could lead to disagreement and the property may have to be sold. Fair does not always mean equal and equal does not always mean fair. If John did not go to college and stayed at home to work in the family business, is it really fair to divide the business between all the children? Ensure that you will be financially secure after succession planning has been implemented. Once you transfer property you will no longer be the owner of such a valuable asset. Give yourself time to explore the options and discuss the options with your solicitor to ensure you are comfortable for the rest of your life after the succession transfer. Do you keep a right of residence for the rest of your life? Perhaps you do not wish to transfer the family home now and would prefer to leave it pass in your Will? Do you require a right of maintenance out of the property? While it is important to ensure that you are financially secure once assets are transferred. Make appointments with professionals as early as possible. Speak with your accountant or tax consultant. Consult your solicitor well in advance. You will need to contact your bank in order to obtain their consent to the transfer if that particular property is mortgaged and this can take a few months. People who are self-employed should check with the Department of Social Protection about PRSI contributions and the pension. Check that you qualify for a medical card or GP Visit Card. There is a lot to be done before you put a pen to paper with regard to succession planning but hopefully the above steps will make the task seem a lot less daunting. https://www.irishexaminer.com/breakingnews/farming/karen-walsh-inheritance-can-be-challenging-792719.html https://www.irishexaminer.com/farming/news/karen-walshchildren-have-no-absolute-right-to-inherit-any-part-of-their-parents-estate-421108.html http://walshandpartners.ie/succession-is-a-process-not-an-event/ Facebook Twitter LinkedIn Get in Touch

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Probate Solicitors Ireland

EXECUTOR OF A WILL – IRELAND

Probate Solicitors Cork City, Midleton and Dublin, Ireland Walsh and Partners LLP, probate solicitors Ireland, have offices in Cork, Midleton and Dublin and offer services across the Country. A legal personal representative is nominated to administer the estate and take out a grant of probate in the event of your death. This person is nominated by you at the time of making your will and is referred to as the Executor. It is in your best interests to nominate more than one individual as the role of the executor can be onerous at times. Appointing an executor for your will Cork, Midleton and Dublin Once an individual takes on the role of executor they are responsible for the administration of your estate. Their role as executor is permanent and they will always remain the executor. It is with this in mind that it is vitally important that they discharge their duties correctly and appropriately to protect this role. It is advisable that prior to nominating an executor, that you speak with the individual and get clarification on their willingness to take on and act in this role. They are under no legal obligation to act, so it serves both parties well to ascertain willingness in advance. Duties of the executor :       1. Protect and insure all assets for beneficiaries.       2. Arrange for the deceased assets to be valued at the time of death.       3. Extract grant of probate.       4. Ascertain all liabilities and debts.       5. Gather assets.       6. Gather all necessary and relevant tax clearance documentation.       7. Prepare accounts for administration.       8. Distribute the estate (assets, monies etc.) in accordance with the will. Problems that may arise for the executor :In most cases we see that the larger the estate the more difficult the role can be for the executor. Let’s take a look at an example; a deceased person who leaves behind a house, a number of bank accounts, shares and stocks will need quite significant work to administer. However, even in the case where an individual has quite a small estate with only one or two beneficiaries, complications can arise. Perhaps the beneficiaries are living abroad and have no known last address, an existing business might have been left with large company debts or the will may be challenged by family members who feel they have been left out of the will unfairly. Probate Solicitors Midleton, Ireland Liability :The executor of the will needs to efficiently discharge their duties, taking all the necessary precautions – as they would with their own property or assets. They may not delegate this role to anyone else, however they may employ other professionals to assist with the process. These professionals may include solicitors, auctioneers or accountants. If the executor fails in their duties through negligence or fraud and puts the deceased persons assets at risk or at worst exposes themselves to liability, they may be sued for damages. Risks :       • Failure to administer the estate in a timely manner can result in liability for any financial loss that is                   incurred by the beneficiaries.        • Failure to protect the assets of the estate mean that the executor can be held personally responsible for           any uninsured or unsecured property.        • Failure to distribute the estate in the manner in which the deceased has specified will result in personal              liability for the executor.        • Personal liability lies with the executor for payments to creditors up to and including any tax liabilities. In the vast majority of circumstances an executor of a will acts in good faith, however, disagreements can occur between beneficiaries and the executor, which can result in legal action. Other risks that can impact the executor can include relationships with families, economic circumstances and the personalities involved in the distribution of the estate. Expectations of the beneficiaries may not always be met, despite the best efforts of the executor. Time Commitments :It is important to note that one of the most significant drawbacks to being an executor is the time needed to commit to the distribution of the estate. This is why we recommend hiring a solicitor who is well versed in the area of wills and probate to handle the more difficult tasks. Before you commit to becoming an executor of a will, you should be aware of the time commitments involved and the many jobs you will be tasked with. You will require significant time and energy and a keen eye for detail – lots of detail. Possible Delays :Upon lodgement of the application for probate, it is important to know that the process may take a minimum of four months. This delay will mean that assets such as land and monies can not be accessed or distributed until the grant of probate is issued. Money may be required in the interim to pay bills, taxes or debts left by the deceased. Speak to a member of our will drafting team to find out what can be done in instances such as this. Will Solicitor Cork City Whilst being an executor of a will is a challenging role, the hard truth is that someone has to be responsible for the fair distribution of assets. Be aware of all the challenges that lie ahead before you commit to this important role. From TV and movies we are accustomed to thinking that a simple reading of the will occurs and distribution is instant, this is not how it works. See the invitation to act as an executor as a privilege, you have been asked to take responsibility for all the worldly goods of another and they clearly have full trust in you to do so. It is however important to decline if you feel you would

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Solar Farm Solicitor Ireland

SOLAR FARM SOLICITOR IRELAND

SOLAR FARM SOLICITOR CORK CITY, MIDLETON AND DUBLIN The Renewable Energy Directive (red) 2009 sets out binding targets for each member state, with the aim being that, in the EU as a whole, renewable energy will account for a minimum of 20% of all energy consumption by 2020.  The Irish Government must achieve 40% of electricity generation from renewable energy sources by 2020 or may face penalties. Windfarms are the more established form of renewable energy that has been in existence in the Republic of Ireland over the last number of years. Recently, there has been an impetuous towards developing solar energy in the Republic of Ireland. This is at an early stage and no solar projects are up and running yet. However many landowners have entered into agreement with developers with a view to solar development being erected on their lands. From a legal point of view, the landowners, who are normally farmers, have to agree that the solar developer has an option over their lands. There is then an option period of 2 years which can be extended by a further 2 or 3 years which gives the developer an opportunity to explore the option. This period normally allows the developer to make an application for a grid connection and for planning permission. One should instruct a solar farm solicitor. Solar Farm Solicitor Ireland On the basis that the option is viable, the developer and the landowner then normally enter into a long-term Lease which is typically 25 years in length. The developer will not make an application for planning until an Option Agreement has been signed by the landowner. Almost, 150 planning applications were lodged in 12 months between October 2015 and October 2016. The highest concentration of these are in the south and east, mainly in Cork and Wexford. Solar farms and Renewable Energy Solicitors Ireland Normally, when an Option Agreement is signed by the landowner, they are also sent a copy of the draft Lease. However, the terms of the Lease are not entered into until the option is exercised. This means that the Lease will not be signed by the parties until the developer has decided to exercise the option or proceed with the solar development. When an Option Agreement is signed, the landowner will instruct a Solicitor to advise him in respect of the terms of the agreement. The Solar Farm Solicitor, Ireland, at this stage also advises in respect of the terms of the Lease. The parties may also wish to enter into a side maintenance agreement in which the landowner maintains their land which adjoins where the solar development is erected. This normally entails grazing and cutting grass and hedges. The maintenance agreement would normally not be signed or entered into until the option is exercised and the lease begins. However, it should be noted that the Lease is not signed contemporaneously with the Option Agreement and there is still some scope for further negotiation when the Lease is signed. The main terms of the Lease such as remuneration will normally not be negotiable at this stage, but if issues have arisen during the option period, there is an opportunity for the landowner to rectify this before the Lease is entered into. The Lease is a long term commitment and it is important that the parties entering into it are happy with the terms contained within. Accordingly it is imperative that you obtain legal advice in respect of the terms of the Lease. One of the key issues that the developer has to consider before entering into a Lease with a view to erecting a solar development is Rights of Way or Wayleave in order that they can lay the appropriate pipes from the grid connection onto the land where the development is situated. In order that they are able to do this, they need the consent from the adjoining landowners and they are normally required to sign a document known as a Right of Wayleave or a Wayleave Agreement. This is a legal document which grants permission for the Developer to have a right of way over the adjoining lands. The document will normally be drafted by the Developer and they will compensate the landowner financially to obtain this right. It is imperative you instruct a solar farm solicitor to get legal advice in respect of the terms before signing. It is important before entering into any legal agreements with a developer, that you take advice from a Solicitor in respect of the terms of the agreements. These agreements tend to be technical and it is highly recommended that you take advice from a Solar Farm Solicitor who is specialised in this area. https://walshandpartners.ie/practice-areas/renewable-energy-and-windfarms/ https://www.independent.ie/business/farming/advice-weigh-up-your-options-on-solar-energy-contracts-34518869.html https://www.irishexaminer.com/farming/analysis/karen-walsh-impacts-of-opting-for-solar-energy-on-farm-351693.html Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Personal Injury Solicitors Cork Ireland

Consult a Personal Injury Solicitor if in an accident

CONSULT PERSONAL INJURY SOLICITORS IN CORK OR MIDLETON, IN CASE OF AN ACCIDENT Making a personal injury claim for compensation in Ireland Consult Personal Injury Solicitors in Cork if you have been involved in an accident. There are different types of accidents which may result in personal injury. The most common types are: Road Traffic which are accidents normally involving motorists or pedestrians. Public Liability which are accidents  that occur in a public place. Employers Liability which are accidents in the workplace. Get in touch with our professional personal injury solicitor in Cork and Midleton If you have suffered personal injury from an accident, you should as soon as you can: Report the accident to your employer/insurance company/occupier of the public place. Attend your doctor or local hospital. Once these steps have been taken, you should consult with a solicitor with a view to bringing a claim for personal injury. The personal injury solicitor will advise you what steps need to be taken if you wish to claim for compensation arising out of the accident. The following will normally be considered: Obtaining a medical report from a medical expert setting out the injuries.. Sending a letter of claim to the appropriate Defendant in respect of your claim seeking damages for your losses. There are two main types of damages which are general for pain and suffering and special for quantified losses such as loss of earnings Normally when a claim is made, the Defendant or their insurance company investigates liability and fault  or legal liability is normally accepted or denied. Draft an application to the Injuries Board. The Defendant has an opportunity to consent or reject whether the Injuries Board can assesses the matter. The Injuries Board will either make an award of give authorisation to bring court proceedings. You can accept or reject any award offered by the Injuries Board. If rejected you can bring court proceedings Your solicitor will then draft court proceedings in the appropriate court which depends on the level of damages sought. The matter will then proceed to a court hearing where the case will be heard. See www.walshandpartners.ie/blog for more. Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Personal Injury Claims Ireland

PERSONAL INJURY SOLICITOR – WALSH AND PARTNERS SOLICITORS

PERSONAL INJURY CLAIMS CORK, MIDLETON AND DUBLIN, IRELAND – CRITERIA AND PROCESS Personal Injury Claims Ireland, know your facts:  Personal injuries are sustained in numerous ways, from an accident at work to a road traffic accident. We at Walsh and Partners Solicitors  LLP are experts in the field of negotiating successful outcomes to many compensation claims. Personal Injury Claims Ireland: Process Firstly it is important to note that in Ireland, all claims are directed through the injuries Board. A Government body which makes personal injury awards. It is vitally necessary to contact an expert personal injury lawyer to take the hassle from the process. It requires expertise and experience and quite often can be a delicate process. If injury prevents you from working or restricts your enjoyment of life in anyway, a claim for damages may be an option. You first need to answer important questions before deciding upon legal action. Did you suffer an injury due to someone’s misconduct? Did your employer put in place sufficient protocols to avoid an injury? At the time of the accident, did someone owe you a duty of care? What is a duty of care? Whose fault is it? How much will my claim be worth?   Personal Injury Claims in Ireland – Midleton and Cork City Offices A claim may arise if an individuals actions cause harm to you or if he/she was negligent in behavior. If you are an employee who has suffered an injury at work and certain steps which would be reasonably expected to have been put in place in order to prevent an accident or injury occurring than you maybe able to claim against your employer. An important question to ask yourself whenever a potential claim is being discussed, is whether the person who caused the injury or allowed the injury to occur i.e. an employer owed a duty of care in the circumstances to you, the injured party; if yes, than your claim will automatically be elevated to a stronger position as logically, the injury should not have happened. A duty of care is a responsibility owed by a person, employer or organisation to another. An employer owes a duty of care to his/her employees to ensure that there is a safe work environment. If a plaintiff suffers an injury at work, whose fault is it? it may have been sustained during the normal course of work, this injury may not directly be the fault of the employer but there is the possibility to shift responsibility if a duty of care can be established under the rules of employer’s liability.   Personal Injury Claims, Cork and Midleton, Ireland  Each individual case is decided on its own merits and any potential claim will take into account all the circumstances of that particular case. Secondly, the claims process can be a long and rigorous process. The Court will not award a claim over night and can quite often be a long process beginning with the PIAB procedure. It is therefore important to seek the services of an expert personal injury solicitor with the relevant experience in the area. We provide this service here at Walsh and Partners Solicitors. Contact us immediately and will will discuss the avenues available to bring your case forward. See walshandpartners.ie/blog for more on Personal Injury claims!! Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Pre-Nuptial Agreement Solicitor

PRENUPTIAL AGREEMENT

PRE-NUPTIAL AGREEMENT SOLICITOR CORK, MIDLETON AND DUBLIN Hiring a pre-nuptial agreement solicitor should be considered for anyone who has substantial assets, or who is entering into a second marriage after accumulating wealth over the years. Hiring a Pre-nuptial Agreement Solicitor The reality now is that, for anyone who has substantial assets, inherited, or set up a business or who is entering into a second marriage after accumulating wealth over the years, it is a document that should be given consideration. A recent survey indicated 72% of farmers are in favour of pre-nuptial agreements. A prenuptial agreement can be viewed as good planning. If the goal is to keep the farm in the family, a pre-nuptial agreement can be helpful, because farmers’ circumstances are unique. Many farmers are reluctant to transfer the farm to their son or daughter, for fear that it might form part of the pot of assets that can be sold or divided by a judge in the event of a marriage breakdown. Farms that have been in families for generations could form part of a divorce settlement. Pre-marriage Agreements Ireland Farms are often inherited and kept within families for generations, and sometimes the ownership can be shared with parents or siblings, which may prevent an order for sale or division. The value of farmland is usually significant, compared to the income generated from it. A smaller holding will not usually be viable and capable of providing an income. A prenuptial agreement is a written contract created by two individuals who are planning to be married. It typically lists all of the property you both own, your assets, and your debts and it specifies what will happen to those assets and debts in the event of marital breakdown.   So, is a prenuptial agreement binding in Ireland? At the moment of publications, prenuptial agreements in Ireland are not legislated for. Therefore, Irish courts are not legally obliged to take a pre-nup into account in the event of separation or divorce.  This may of course may change in time. Here are some tips on how to approach a prenuptial agreement Discuss the matter with your partner, explain why you would like to enter into one. Even if you don’t get a pre-up, have that brutally honest financial conversation before you are married. * The agreement must be in writing. * Do not hide any assets. If additional assets are discovered after you are married, the pre-nup may not be taken into account. Full disclosure of assets and debts is essential. * Do not spring it on anyone. Give the other party adequate time to read, review and contemplate and amend the agreement. * .It is essential that both parties have bargaining power that is equal. Both parties need to be independently advised. No person should feel forced into signing. * It may be a good idea to insert a review clause into the agreement which allows the document to be reviewed every two to three years, this of course depends on the age of the couple in question. * The Court has the power to transfer or sell assets under a judicial separation or divorce. This is known as a property adjustment order. The court when making such an order must ensure that proper provision is made for both parties and children. So, rather than a learned judge deciding on how to best divide marital assets and a farm, perhaps consideration should be given to both parties deciding themselves how their assets are to be split in the event of marital breakdown, to avoid a long, costly and protracted legal battle. https://www.independent.ie/business/farming/agri-business/i-love-my-fiancee-but-is-a-prenup-worth-getting-35771698.html http://familylaw.ucc.ie/2018/02/06/examining-enforceability-irish-pre-nuptial-agreements-aine-horgan/ https://www.newstalk.com/news/why-are-more-irish-people-seeking-prenuptial-agreements-539372 Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Agricultural Lease Solicitor

Land leases must be in writing to avail of tax exemptions

Agricultural Lease Solicitor Cork, Midleton and Dublin A well written land lease should clearly stipulate the obligations of all parties involved and will provide future legal protection in the event of any disputes. Walsh and Partners Solicitors LLP specialises in agricultural leases and will draft a document that  covers the obligations and rights of all parties involved in a clear and concise manner.  There’s good reason why farmers may consider leasing. In many instances farmers may own land that they are not working and will be happy to see an active farmer putting the land to good use.  Agricultural Lease Solicitor Cork In instances where the owner of the land has retired or perhaps has inherited a farm from a relative and has no interest in farming, leasing is a great option. This will also benefit the lease holder who may not have the funds to invest in buying property.  Thankfully, tax incentives are also in place for farmers who are contemplating a lease of their land to active farmers or business owners.  Farm Leases and Renewable Energy Leases When we speak about a legal lease, we refer to an agreement between the person who owns the land (the lessor) and the person who is renting the land (the lessee). This agreement should clearly set out the rights and obligations of all parties involved, for the duration of the land lease. This protects all parties in the event of any dispute. A lease is only valid once it has been signed by the lessor and the lessee, and signed by a witness who is independent.  Should the land owner wish to claim tax exemptions, they will need a written land lease to do so.  The IFA has made available a master agricultural lease that can be edited to suit your particular circumstances, and other templates are available readily online. However, it is also still imperative that you seek legal advice prior to signing any document. An agricultural law expert can also assist with the drafting of the land lease and any unique clauses you wish to address and record. Both parties should seek legal representation to ensure their needs and priorities are met in the land lease.  As agricultural law experts in Ireland, we would recommend that the following areas are considered prior to entering into any agreement: The area of land in question should be determined and agreed upon in advance of creating the land lease agreement. Use maps to clearly define boundaries for both parties.  Determine the length of your lease in advance with an option to extend if required at the end of the term.  Settle upon a price, monthly is generally the best solution. Set a monthly payment date.  Do you wish to include a clause for rental review in the agreement? This may be agreeable to both lessor and lessee as it will ensure neither party is committed to a particularly low or high rental price.  Determine the usage of the land, what is the purpose of the land lease agreement? Will the new user be using the land for grazing, growing crops, tillage? This should be made clear in the agreement.  Insurance should be addressed in depth. The lessor of the land/property will need to be sure that they are indemnified against any claims. However, they will still require their own insurance for public liability.  A clause should be inserted in the land lease to ensure the lessee lodges the appropriate documentation with the Department of Agriculture in a timely manner. This will assist with any entitlements or payments due.  Discuss subletting and agree conditions prior to writing up the land lease. In most circumstances the lessor’s permission in writing will be required should the lessee wish to sublet any of the site they are leasing, this needs to be detailed in the land lease agreement.  Include a renunciation clause in the land lease to prohibit automatic renewal.  Under circumstances where existing buildings are on the land in question. A separate lease is advised for use of these buildings. Always look to the future and also plan for termination of the agreement. Notice of the lease termination should be explored in detail and included in the land lease agreement.  If the lessor sees a possibility that a family member (child) may in the future wish to construct property on the land, this should also be provided for in the document.  It is important to note that the list of items above is far from exhaustive and each lease agreement will have its own unique requirements. The most important piece of advice I can give you is that you contact a solicitor who is experienced in land leases and they will guide you expertly through each step of the process.  Karen Walsh is an agricultural law expert with offices in Cork, Midleton and Dublin. Her vast experience in farming law will give you the confidence you need to proceed with a land lease agreement as either a lessee or lessor.  Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Personal Injury Claims Cork

MAKING A PERSONAL INJURY CLAIM

PERSONAL INJURY CLAIMS SOLICITOR, CORK, MIDLETON AND DUBLIN You may be entitled to make a claim for a personal injury if you were involved in an accident or put in a situation that lead to an injury that was not your fault. Walsh and Partners LLP handles personal injury claims in Cork, Midleton, Dublin and nationwide. Personal injury claims Cork, Midleton and Dublin Making a claim for a personal injury: In the majority of cases it is necessary to seek legal advice prior to seeking a claim for a personal injury. In Ireland, all injury claims are initially assessed by The Injuries Board. This will include any information provided by your doctor or a medical professional appointed specifically by The Injuries Board.  Any potential compensation awarded will be determined by the circumstances that lead to your injury as well as the severity of the injury you have experienced. In some instances your case could be referred to the courts. This occurs when the respondent does not agree to an assessment by The Injuries Board or in instances where the amount awarded is disputed by either party. All applications for compensation claims in Ireland have to made through The Injuries Board. It is not possible to go directly through the court system without first obtaining the necessary permissions from the board. Claims for personal injuries can include but are not limited to: Road Traffic Accidents: Unfortunately, here in Ireland road traffic accidents are a regular occurrence. With our vast experience in road traffic compensation claims, we have found that the primary cause of most fatalities and injuries are caused by:             (a) Inappropriate speed. This can include when a driver is driving over the speed limit or in a manner                      that is not in keeping with the driving conditions at the time.             (b) Driving under the influence of either alcohol or drugs (this includes prescription medication).             (c) Impaired driving due to fatigue.             (d) Non-compliance with seat belt regulations and child safety guidelines.             (e) Pedestrians, motorcyclists, cyclists, young children and the elderly who have experienced unsafe                        behaviour on our roads. Compensation Claim Solicitor Cork and Midleton The above-mentioned accidents are just some of the road traffic injuries we see every day in Ireland and these naturally result in thousands of road traffic accident claims every year. Accidents in Public Areas: As legal experts who deal with compensation claims on a regular basis, we know that accidents that occur in public places can require significant legal expertise to ensure compensation is received. Public liability claims in Ireland require the claimant to have sustained an injury. Whether your injury is due to the negligence of an individual, a company, a local authority or an entity, you may be able to make a claim against the insurers of the premises or area. Claims can only be brought forward where the negligence of another is the cause of your injury. Accident in the workplace solicitor Dublin Step by Step: How to make a personal injury claim: 1. The very first thing you should do is get in touch with a solicitor who has experience in personal injury claims. Your solicitor will talk you through the process of the claim and can give you a rough idea of any entitlements. 2. Ask your solicitor to assist you with the claim application form and the compilation of any necessary supporting documentation. You may require medical reports, images, accident reports or other documentation to support your claim. The more detailed information your claim contains, the easier it will be for The Injuries Board to process your claim in an efficient manner. 3. Once your application form has been filled out and all supporting evidence has been gathered, your claim should then be sent to The Injuries Board. This will need to be received by The Injuries Board within three months of your accident. 4. The Injuries Board will notify the Respondent of your claim. 5. The respondent (in most cases represented by an insurance company) will agree to the assessment by the Injuries Board. 6. You may be requested to take part in an independent medical assessment. (This will be arranged by The Injuries Board.) 7. The Injuries Board will determine the amount of compensation to be awarded. 8. Both the claimant and the respondent will need to accept the compensation amount in order to finalise the personal injury claim. Where either party rejects the amount assessed by the Injuries Board, the amount will then be referred to the courts to decide. Disclaimer: Whilst every care has been taken to provide accurate information in the articles above, Karen Walsh (Solicitor) does not accept responsibility for any omissions or errors howsoever arising. You should always seek legal advice prior to making a personal injury claim. Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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PROBATE SOLICITOR IN CORK AND DUBLIN

PROBATE SOLICITOR IN CORK CITY, MIDLETON AND DUBLIN Probate Solicitor in Cork and Midleton As a Probate Solicitor in Cork, Midleton and Dublin, Karen Walsh provides expert legal advice to clients right across Ireland.  Dear Karen, Unfortunately a close friend of mine died recently. Prior to his death, when he was quite ill, I assisted him in his home and on his farm for a number of years. During this time my friend promised that he would bequeath me something in his last will and testament. To date I have not been contacted and have not heard any information about whether he left a will or not. Is it possible for me to find out more information? Yours Sincerely,X Probate solicitors Cork, Midleton and Dublin Dear X Thank you for getting in touch with Walsh and Partners Solicitors LLP. Let me first extend my sympathies to you on the death of your friend. I’m sure it is a difficult time for you. At this time I believe you require the assistance of a probate solicitor. Let me give you some further information: Locating a WillIn all circumstances the solicitor who prepared the last/original will will retain it. The family of your friend who has passed will have the contact details for the solicitor and they will have contacted the probate solicitor upon his death. If for some reason the family or friends do not know which solicitor drafted the will, the probate solicitor will write to all local solicitors in order to ascertain whether they hold the will for your friend. If or when the will has been located and the correct solicitor identified, they will contact the executor of the will and let them know that your friend has nominated them as executor. It is however important to note that your friend may not have left a will, despite what may have been discussed between the two of you. Probate Lawyer Cork and Midleton Probate: The Administration of the EstateOnce the executor of the will has been contacted, they will then extract a grant of probate to the estate of your friend. When we talk about probate we refer to the legal term used to describe the procedure that gives the executor the authority to carry out the wishes in the will. The executor of your friend’s will, will need to apply to the High Court in order to deal with any assets that need to be distributed. The High Court will then issue a document that is referred to as a ‘Grant of Probate’. A grant of probate is necessary because at the time of your friend’s death their assets would have been frozen, so any bank accounts or land cannot be touched until this has been issued. If your friend neglected to leave a will, this grant will still be required in order to distribute any assets (Grant of Administration Intestate). If your friend did leave a will and you have been named to receive an inheritance, you will receive a letter to notify you of this. You will only be contacted if you are named in the will and unless the executor grants their permission you will not receive a copy of the will. You can however view the will at a later date once it has been lodged with the Probate office and becomes a public document. Should you wish to view the document at this stage you can do so by visiting the local Probate Office or via a postal request for a nominal fee. A grant of probate must be extracted in order for the will to be available from the Probate Office. On occasion where there is no real property or minimal monetary funds, assets may be released without obtaining a grant of probate. If your friend owned their own house or farm as you mentioned in your letter and it was owned solely in their name, a grant will be required. In some circumstances where your friend co-owned assets, the surviving owner may automatically receive full ownership. If you were bequeathed the residue of the remaining estate, you may have to wait until the estate has been finalised before you find out how much you will receive. Where you have been left a share in the residue of the estate, you may receive a letter from your friend’s solicitor to outline the costs of administering the estate. You will then be entitled to receive an account of all times and what funds you may be entitled to, this is known as the executors account. Wills and Probate Solicitor Dublin Should you require further information about wills and probate, please get in touch with our probate team here at Walsh and Partners Solicitors LLP. We are available through our Cork, Midleton and Dublin Offices and are happy to provide you with expert legal advice in a timely manner. https://www.irishexaminer.com/breakingnews/farming/karen-walsh-how-do-you-know-if-a-deceased-person-has-left-a-will-829312.html https://www.claruspress.ie/shop/farming-law-in-ireland/ Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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PARENTAL AGREEMENTS FOLLOWING SEPARATION OR DIVORCE

CUSTODY AGREEMENT SOLICITOR CORK, MIDLETON AND DUBLIN, IRELAND Karen Walsh, custody agreement solicitor Ireland, talks about the steps involved when a marriage or family unit experiences a break up. Unfortunately when a marriage breaks down and you face into divorce proceedings, the custody and access to your children can become a source of conflict and hurt. It is important to approach the proceedings with an open mind and be ready to listen to all parties involved. This will ensure that the very best interests of the children will be served. Where all parties involved can agree on issues during the early stages of divorce proceedings, this will be best for everyone, in particular the children and a parenting plan can be drafted that suits all individuals. Custody Agreement Solicitor, Cork City, Midleton and Dublin, Ireland  What is a parenting plan? A parenting plan is an agreement between the parents or guardians of a child or children in order to outline all issues that may affect the child(ren) into the future. This plan may include but is not limited to maintenance payments, custody, access, schooling, childcare arrangements and welfare. Once both parties have discussed and agreed upon all the appropriate issues, an agreement will be drawn and will be signed by both parties. This agreement is only possible where both parties are willing to discuss, compromise and agree upon key parental issues. We would advise that both parties need to be willing, serious and open to reach an early agreement that will benefit the child(ren) involved. An early agreement will ensure that court is avoided and that the welfare and best interests of the child(ren) is represented at all times. This approach also helps to maintain relationships between both parties and greatly reduces legal costs and unnecessary anguish across the board. This parental agreement will form the basis for how the child is parented and the obligations of parents in a clear manner. It is important that we realise the importance of the child(ren) during these proceedings and that their welfare is always at the forefront of any decisions made. Our dedicated solicitors and mediators are here to guide you through the process and make contributions that will highlight and issues that need to be addressed. A family law expert is best placed to explore issues that may not be immediately obvious to you and your family, however with a wealth of experience in these proceedings, we can assist with an amicable parenting plan that will always put the welfare of child(ren) first. We would always advise on the avoidance of court when it comes to agreeing on a parenting plan as this will reduce costs and provide for a more realistic outcome that is tailored towards your individual needs and circumstances. An expert family law solicitor will guide you through every step of the process and will provide support and assistance to ensure a successful and agreeable parenting plan. We recognise that it is rare that all parties will agree on all aspects of the parenting plan, but we urge you to keep communications open at all times to ensure an amicable agreement. Parental Agreement Lawyer Cork and Midleton  Respect and courtesy is key to parental agreements and it is of course important to show this respect to each other in front of children. By supporting each other on your parental path you can achieve outcomes that benefit both children and parents on a long-term basis. The emotional needs of the child along with educational requirements and disciplinary agreements can all be discussed during this process, with a view to a supportive alliance between parents. It is important that the children are aware that both parents are in agreement even though they may no longer be in a relationship. It is vitally important that access and custody are never used as weapons to punish a parent. We recognise that there may be hurt in the relationship, however it is the welfare of the children that is of the utmost importance at this time. Children have a right to enjoy an equal relationship with both parents and unless there is a valid reason to do so, restricted access should never occur. It is important that parents present a united front at all times and disagreements or arguments should never occur in the presence of children. To reach an agreement on a parental plan, we would recommend: Always make maintenance payments in full and on time as agreed. Your children depend on you financially as well as in other ways and it is important that they see this. In the event of a court appearance a Judge will always look for evidence that you are honouring your responsibilities as a parent. Respect the views of your ex-partner. Provide support to each other as parents, you are both on the same side when it comes to the welfare of your child(ren). Always honour any agreements or promises you have made. Stick to the basics of the custody arranged where possible and where you can not adhere to the arrangement, always give as much notice as possible or make alternative arrangements well in advance. Where an emergency occurs, it is important to be practical and work together. There may be times where one parent has to work late or where it is simply not possible to be present due to circumstances outside their control. Be accommodating. Show a united front in the presence of the children. Do not criticise or undermine the other parent. Recognise the fact that the other parent has as many rights as you do with regards to spending time with the children. Your children also have this right. You may be divorced, however there will be times when you will need to come together to celebrate family events. Whether it’s the wedding of your child, a birthday, communion or confirmation, it is important that you remain civil towards each other at all times. Make the parental plan clear to

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Will Solicitors Cork

Plan for your legacy Contact a Solicitor to Make a Will

Will Solicitors Cork, Midleton and Dublin Mixing business with pleasure is one thing. But mixing business with family is altogether different, and will often be volatile and dynamic. Walsh and Partners LLP will solicitors Cork, Midleton and Dublin are well versed in the intricacies of will writing.  Will Solicitors Cork and Midleton While many family businesses collapse under the weight of high expectations, heavy politics and plenty of personal and professional baggage, many also prosper, due in part to extra steps they have taken such as talking through major issues before launching or implementing a succession plan to protect their business and personal relationships. Probate and Will Law Firm Cork and Midleton Disagreements among family members can spill from the professional to the personal, and vice versa. Problems can be particularly acute when parents and children are in business together. A hostile family workplace is even more brutal, because people know exactly how to push each other’s buttons, and it can adversely affect the family and the farming business. Implementing a successful succession plan involves more than minimising the tax payable. It will not be successful unless all members of the family understand and are included in the process. Probate and Estate Solicitors Ireland Every family and farm transfer is unique. However, from working with farm families and farm transfers throughout my career, I have learned that  certain factors exist that are universal to every family. Here are ten basic tips for succession planning, that will help to ensure the process goes well. * Do not wait to start planning. There is absolutely no need to rush through the process, in fact its something you should do at a pace that allows your full attention.  The sooner you start planning for the future, the better the options will be available to all. Do prepare a legal will early.   Do not leave the transfer of the family farm until days before your child turns 35. Encourage your son or daughter to obtain the Teagasc Green Certificate as soon as possible. Do not procrastinate. Start talking and planning now. * Communicate, communicate, communicate! You must discuss the succession plan with all family members. People tend not to feel aggrieved or disappointed, once they understand the reasons behind your decisions. Be open and transparent with all family members.   Do ensure good communication among family members about plans, strategies and issues. Explain why you have decided to leave the farm to John, divide the farm between John and Paul, or sell the farm and divide the proceeds between John, Paul and Mary. * Decide on a date the succession plan will be implemented. This will give you a timeframe to work towards and measure your performance. Have you done what you said you would have done by this month?   Have you enquired about what social welfare entitlements you may be entitled to claim? Have you instructed an engineer to prepare the map? * Discuss tax implications with a tax consultant before you put pen to paper. It is important to know how much the personal cost will be to yourself. The person who is successor may also incur costs so it is important to allow them time to expire this.  * If the family is in fear of a disagreement, and therefore takes no action, consider hiring a professional mediator experienced in farm transfers (such as Succession Ireland, based in Mallow, Co Cork).   If communication in the home and farmyard is poor or non-existent, everyone is suffering, including the business going forward. Mediation is confidential, non-judgemental, and impartial. A mediator will manage the process, only you and your family will determine the outcome. * Put together a detailed inventory of each debt and asset you have, this will make the process so much easier for your solicitor when you engage with them to explore a transfer. This process will also simplify matters when it comes to dividing any assets amongst offspring.  * Determine the things that are most important, values and priorities for each individual family member, to help you decide what to do. It is a good starting point to ask each child to identify something from the family home which they would like to be theirs, after your lifetime. * Address the issue of fair (equitable) versus equal division of the farm early in the process, especially if there are off-farm family members involved. It may sound strong but fair does not necessarily equate to equal, and equality does not need to be fair. If John never went attended college and remained  farming full-time at home, and the other children were educated and never farmed, then equal is not fair in that circumstance. * Once you complete the transfer of the farm, it is important that you realise this valuable piece of property is no longer under your control. Take the time to research the options available and talk through these options with a solicitor who has expertise in this area. Remember, you also have to plan for your own life once the transfer has been completed. Do you keep a right of residence in the farmhouse for the rest of your life? Maybe you want to wait until your will leave the farmhouse to someone else?Do you require a right of maintenance out of the property? * Do not assume that you know what others are thinking or how they feel about the process, or what they want to achieve from the succession plan. Listen carefully and ask questions, when you find something hard to understand. Get professionals to assist. For many farmers, it is a legacy of a lifetime. Contact Walsh and Partners LLP, will solicitors in Cork City, Midleton and Dublin, for further information.    See walshandpartners.ie/blog for more! Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Pre-Nuptial Solicitors Cork

PRE-NUPTIAL SOLICITORS CORK AND DUBLIN: PRE-NUPTIAL AGREEMENTS ARE NOT JUST FOR THE RICH AND FAMOUS!

PRE-NUPTIAL SOLICITORS CORK, MIDLETON AND DUBLIN: NOT JUST FOR THE RICH AND FAMOUS! Solicitor Karen Walsh explains why signing a pre-nuptial or marriage contract makes sense. As pre-nuptial solicitors in Cork, Midleton and Dublin, Walsh and Partners LLP can guide you through the Irish legalities and prepare a well written contract that covers the most important aspects of your agreement.  Pre-Nuptial Solicitors Cork and Midleton Kim Kardashian tied the knot with Kanye West after a brief courtship. It has also been reported that Kim and Kanye ironed out the details of a pre-nuptial agreement. To them, it is about being practical, and it offers them predictability upon entering an institution that is often unpredictable. It is a mutual decision. Both parties understand the business side of things, and when two people bring individual wealth into a marriage, it is simply the intelligent thing to do. Legal Pre-Marriage Agreements Ireland A pre-nuptial is just plain smart. While the idea of a pre-nuptial agreement sounds very Hollywood, you do not need a villa in Marbella or a yacht on the French Riviera to benefit from the protection one could provide. As the average age of parties entering into first-time marriages continues to rise, people tend to have more wealth accumulated. People have more assets of their own before they get married, which they do not want to risk losing, if they end up getting divorced. Often, one party has taken over or inherited the family business or farm, which has been in the family generations, prior to getting married. As pre-nuptial solicitors Cork, we can talk you through everything you need to know about the legalities of pre-nuptial agreements in Ireland Prenuptial Agreements Ireland Pre-nuptial agreements, as unromantic as they may sound, can eliminate disputes at the time of divorce, if the marriage ultimately fails. A pre-nuptial agreement is essentially a formal agreement which can be drawn up for you and your partner. It sets out how you would divide your assets if you decide to divorce in the future. The agreement can serve as a snap-shot inventory of assets and debts owned or incurred by each spouse prior to marriage, can convey interest in property between the parties, or dictate that neither spouse will acquire an interest in each other’s property. If you already have wealth, property, savings or inheritance, a pre-nuptial agreement could help to provide an extra level of reassurance before entering into a new marriage. It may also be helpful if you have been married before, and want to ensure that any assets you have built up over the years are safeguarded for any existing children’s inheritance. Any asset, no matter how big or small, can be included in your pre-nuptial agreement, so that could be savings, property, income or even pensions, all of which could be split if you get divorced. Only financial matters can be dealt with within the agreement. It cannot be used to make arrangements for any children. Although there is no set formula for a pre-nuptial agreement, the kind of agreement used by most couples would be most straightforward, and state that the property owned by each party prior to marriage (or civil partnership), will remain theirs, should the relationship end. It would also set out how property acquired during the relationship should be treated. A statement that neither party should have a financial claim on the other, should the relationship end, is also common. While a pre-nuptial agreement is not recognised under Irish law at present, this does not mean it is pointless getting one. Each case of course will depend on its own facts and circumstances. In a divorce, if you have a properly drafted pre-nuptial agreement in place, the court will still more often than not take it into consideration, when deciding how your marital assets should be divided. There is every reason to expect that a properly drafted pre-nuptial agreement will one day give certainty to couples who want to arrange their own financial affairs. There is nothing stopping the court taking a well drafted pre-nuptial agreement into account in the event of a divorce. A couple contemplating a pre-nuptial agreement should have a frank discussion about such an agreement, at least six months in advance of the anticipated wedding. Both parties can then put the matter behind them and focus on one of the happiest days of their lives. It is critical that each party receives independent legal advice, to avoid either party claiming that they were misled, did not understand, or were not fully informed when signing. It is also essential that both parties provide each other with “full and fair” disclosure of their financial circumstances, including all debts. Both parties must enter into the agreement under their own free will. It is also essential that both parties have adequate time to read, review and contemplate the agreement prior to signature. To avoid any suggestion that either party was bullied into it, it should really be signed no later than a month before your wedding. The closer to the wedding day it could be seen that the more under pressure either party may have felt. If it is getting too close to the marriage date, you could perhaps consider signing a post-nuptial agreement — i.e. after the wedding — instead. It is important to review the agreement periodically — especially after the couple has children. The cost of getting a pre-nuptial agreement properly drafted by a solicitor can be relatively low compared to the benefits which could be gained following separation. Both parties will need their own solicitor. While some people consider pre-nuptial agreements to be just for the super-wealthy — or the unromantic — and an admission that the marriage is doomed in time, more people may start viewing them as downright practical, and an important part of protecting their own and their families’ assets. Marriage is as popular as ever, and I guess that the only way to stop divorce is to stop marriage!

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Renewable Energy Agreements Solicitor

Renewable Energy Agreements Solicitor

RENEWABLE ENERGY AGREEMENTS SOLICITOR CORK, MIDLETON AND DUBLIN As a renewable energy agreements solicitor I would like to walk you through a scenario: You are approached by a representative of a development company who wants to offer you a windfall for a wind farm development on your farm. The rep is making you an offer that seems too good to be true, a €5,000 payment to sign an option agreement for five years and a whopping €18,000 for each wind turbine every year for the next 25 years. All you have to do is sign the document and let them use your land. He’s even offering to contribute towards any legal or professional fees you might have. Sounds great right? Renewable Energy Agreements Solicitor Cork, Midleton and Dublin You have noticed that your neighbours have signed on the dotted line and you know that the IFA have agreed a set of minimum terms with these development companies. Things are a bit tough at the moment and the money would come in very handy, so why not sign the document and reap the benefits you ask? The quicker you sign, the sooner you get the money after all! Wind Farm Solicitor Cork and Midleton Let me give you the facts before you sign any documentation, there are a number of both legal and financial implications that the development of a wind farm on your land can have. It is vital that you contact a renewable energy agreements solicitor to talk you through every step of the process and advise you about the legalities involved.  It’s important to note that these guys are negotiating agreements on a consistent basis, most likely every day of the week in fact. This is most likely the first encounter you have had with such a representative. Do NOT sign anything without first seeking legal advice. Option Agreements: An option agreement is without doubt one of the most onerous documents you could sign. What you may not realise is that if your land is required by the developer this option agreement gives them the option to acquire your land and enter into a lease without any further negotiations. Once the document is signed they can legally insist that you enter into a lease at any time and can place one or more wind turbines on the land for at least the next 25 years. The developers legal team will ALWAYS draw up the option agreement and it will always favour the developer both financially and legally. It is vitally important that both the lease and the option agreement be scrutinised by a legal expert that represents YOUR best interests. You do not have to accept the terms of any draft agreements and it is certainly not in your interests to do so. Think of the draft agreement as a starting point for negotiations and talk to a solicitor immediately, I can not stress this enough… do not sign anything at this point. Wind farm agreements can impact on your property rights for decades into the future so you need to be making clear decisions. All agreements should be accompanied by a map to ensure you are fully aware of the exact land that will form the agreement. Your renewable energy agreements solicitor and their legal team can instruct an engineer on your behalf to review a map, this will avoid any future disputes. Have you any future plans for that land? Perhaps you were hoping to pass it on to a son or daughter in the future so that they could build a home for their family? Never include land in the agreement that is not necessary for the development project. Will the wind farm development impact on your own day-to-day farming activities, have you considered access and egress? Will any grazing land be impacted? Does the agreement require you to change the location of existing fences and gates? Wind Farm Agreement Lawyer Cork and Midleton The terms of the agreement should be considered carefully and examined in great detail. If the terms are not acceptable to you, now is the time for negotiation. In general, we find that the developer looks for terms in the region of 5-7 years. If this is not acceptable to you or if the term is longer than this, milestone payments should form part of the agreement. We would also advise that a planning permission clause be inserted into the document, ensuring that if planning permission is not obtained within a certain timeframe, the terms of the lease/option agreement are voided. Milestone Payments Milestone payments are an effective way of ensuring you are compensated accordingly. Milestone payment calculations will vary from developer to developer and can be complex in their breakdown. Seek legal guidance at all times. The level of rent will be determined by the payment provisions. The payment received may be calculated based on the gross payment received for each turbine. Rental payment should be based on a minimum amount per megawatt of installed capacity, not exporting capacity. Your solicitor should also negotiate a percentage proportion of the operating proceeds for you. This can be calculated based on the amount of turbines on your land, the overall development or on a pro-rata basis. It is important that your renewable energy agreements solicitor has a full understanding of wind farm development definitions to ensure you are getting the best deal possible. Here are some important questions you need to be asking: Will further payments be made if turbines are updated to more efficient models or if new technology becomes available? Do you need to seek a clause that entitles the developer to vouch the operating expenses by way of an auditors certificate? When the end of the lease is reached will all machinery be removed from your land? Will all accompanying infrastructure be removed from your land at the end of the lease? Will the land be fully restored to its original state when the lease is over? If

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PRE-NUPTIAL AGREEMENTS IRELAND

PRE-NUPTIAL AGREEMENTS IN IRELAND When George Clooney married Amal Alamuddin, he did so without the benefit of a pre-nuptial agreement. This was a gamble worth $220 million and one that very few A-list celebrities take. The cynic in us say he is a very brave man, the romantics say it must be true love! Today we look at pre-nuptial agreements in Ireland. Pre-nuptial Agreements Ireland As with most celebrity couples it was assumed that a water-tight pre-nuptial agreement would be put in place, however George’s wife-to-be is a highly respected attorney so perhaps this is how the issue was avoided. We must assume that Clooney has considered the impact this will have should there be a future divorce, particularly because he has played the part of a divorce attorney is one of his movies. In Ireland, these are not yet recognised and have unfortunately lead to a slowing down in the land transfer process and has particularly impacted on young farmers. The reality is, marriage breakups happen, it’s a fact of life and an increasingly regular occurrence in modern Ireland. We need to recognise prenuptial agreements to protect both parties involved in a marriage. What we are seeing more regularly here in Ireland is the reluctance of older generations to transfer land to younger generations in the fear that they will loose the land should the marriage break down. Unfortunately this has a very real impact on younger farmers and can result in stagnation of the farm or the land. The Irish Farmers Association has long been advocating for the recognition of prenuptial agreements under Irish law. This lobbying is not without good reason and at the heart of its purpose is to protect generational family owned land from being sold or divided between parties due to the breakdown of a marriage. The Irish Farmers Association is asking that farmers be permitted to draft contracts prior to getting married to protect the family farm for future generations and ensure it remains whole should a divorce occur. These contracts would make clear the assets owned by each party prior to the marriage taking place. We strongly believe that pre-nups would greatly assist the legal process in the division of assets following the breakdown of a marriage and would reduce costs to all parties, the judicial system and the state. There’s a perception in Ireland that prenuptial agreements are only for A-list Hollywood celebrities, this couldn’t be further from the truth and will only serve to benefit and protect those entering into marriage. Pre-nuptial Agreement Lawyer Cork and Midleton Another important point to note is that the age of marriage has greatly increased over the last two decades here in Ireland. This has resulted in the accumulation of more assets prior to marriage and these assets need to be protected. Often, we find that one or both parties have inherited property, businesses and estates or items that have been passed down from generation to generation. A prenuptial agreement, drawn up with both parties in mind will set out clearly the division of these assets upon divorce and will put minds at ease. There is not a set format for a prenuptial agreement, so a contract can be tailored and drafted for each couple in a unique and thoughtful manner. Should a couple decide to divorce, all assets attained prior to the marriage will remain the property of the individual. This document will also set out the division of any assets attained during the marriage. There is no limit or minimum value amount placed on assets that can be listed in a prenuptial agreement. Small items, valuable items, income, pensions, stocks, shares, savings, land and property can all be accounted for. It is important to note that only items with a financial value can be listed in the pre-nup, it can not be used to make arrangements for the custody of children. A well written pre-nup can provide both parties with an extra sense of security prior to entering into marriage and will protect any existing wealth, savings or inheritance for the future. Where one or both individuals have been previously married, a prenup is particularly effective for protecting the inheritance of children from previous relationships. Prenuptial Agreements Cork, Midleton and Dublin Whilst Irish law does not currently recognise pre-nuptial agreements, there is hope that this will not always be the case. In a case of divorce, a judge will examine each case based on the unique circumstances and may take it into account. If you and your partner would like to draft a pre-nuptial agreement, it is vitally important that the document is written by a professional legal expert with experience in the field. This document should be reviewed at regular intervals, particularly when or if you start a family. We advise that you talk candidly about a pre-nuptial agreement at least 6 months prior to your wedding. A full and frank disclosure of all assets is necessary to ensure a water-tight document. The agreement can be signed and then you can get on with the important things, putting it behind you and enjoying your life together. Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Landlord Solicitor Cork

Landlord Solicitor: Has your tenant failed to pay their rent?

Landlord Solicitor Cork and Midleton, Advice: When a tenant fails to pay their rent Landlord Solicitor Cork, Karen Walsh talks about rent with a landlord who is experiencing difficulties getting paid. Landlord Solicitor Cork and Midleton I would like to know what my legal options are in the following situation. I have a farm cottage that I have been renting to an individual for more than a year now. Unfortunately I have not received any rent over the past number of months. Is there anything I can  do? In this instance, we need to look at the Residential Tenancies Act of 2004. This Act stipulates that all tenants are obliged to pay the agreed upon rent as per your agreement. When a tenant fails to make this payment in the time stipulated it is possible to terminate the rental agreement.  In your case, because you have been renting to the tenant for a period longer than 6 months, you need to complete these 3 steps: (1) The tenant should be provided with written notice saying they have broken the rental agreement by failing to pay their rent on time or in full. (2) A fourteen day warning should then be provided in writing for the failure of the tenant to pay their rent as agreed.  (3) The third and final step is to serve a twenty eight day termination of tenancy notice.  Step One: A Notice Obligations Breach There are certain procedures a landlord needs to follow in order to be in compliance with regulations and to avoid any disputes that may arise. The following must be in place/observed: (i) Your tenant must be in rental arrears.  (ii) You should allow your tenant a reasonable amount of time to fix the situation. (iii) Once you have given the tenant reasonable time in which to remedy the situation (with a fixed timeframe) and the tenant does not do so, you may then terminate the rental agreement.  Note that this first notice does not have to be written. It is possible to give a verbal notice, however it should be made entirely clear to the tenant that if they fail to pay the rental arrear in the time specified that the tenancy will be terminated. It is in your best interest to document this in writing, so that any future proceedings can be backed up with evidence.  Walsh and Partners Solicitors LLP, Cork, Midleton and Dublin Step 2: Failure to pay results in a Fourteen Day Notice (Warning) In situations when a tenant has failed to pay their rent and where arrears are in place, a landlord should then serve the tenant with a notice in writing. This notice should include the details of arrears and the total sum of rent outstanding along with a fourteen day notice to pay in full.  Step Three: Terminating the Tenancy, Issuing a Twenty Eight Day Notice.  Step three comes into effect when the tenant does not act upon the fourteen day notice and does not pay the arrears within the time stipulated. The landlord can now move on to step three in the process and issue a twenty eight day notice for the termination of the tenancy.  If  you are looking for assistance in resolving a tenancy dispute, your first port of call should be with the PRTB (Private Residential Tenancies Board.  If your tenant has failed to leave the premises in the timeframe stipulated, the PRTB can prioritise the case for attention. In the case that your own notices are past expiration, the PRTB provides an enforceable eviction order.  It is extremely important that you as landlord or anyone working on your behalf do not ever forceably remove your tenant, touch any of their property or disconnect utilities from the dwelling. This could result in an unlawful tenant termination ruling and the tenant could be awarded compensation.  It is vital that you follow the procedures set out in the Act as laid out above. The PRTB will not entertain any cases where the landlord has failed to comply with these steps. Seek legal advice to prepare all written notices, this will ensure that you are in full compliance at all times.  Prior to contacting the PRTB for assistance, you will need to gather the following information to avoid processing delays.  Details of tenant as they were at the beginning of the tenancy. These include, name, address, PPS number, employment details, contact number, email etc. This information should all be gathered at the start of the tenancy. The tenancy must be legally registered. The PRTB refuses any case where the tenancy has not been registered.  In a situation where your tenant is receiving social welfare assistance to pay their rent, but is failing to pass this money on to the landlord, you should immediately contact your local welfare office to ensure they are aware of the situation.  Always keep records detailing rent receipts, agreements, communications, bank statements and any other documentation that will bolster your position.  Note, that whilst the PRTB may reach a decision in your favour, the circuit court will need to enforce this ruling in order for it to take effect. Until you reach this stage in the process, you have no option but to wait for the legal process to take its course. Do not ever take matters into your own hands as this can result in years of legal fees and a result that may not lean in your favour.    See walshandpartners.ie/blog for more! Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Guide to Windfarm Agreements

SOLICITOR’S GUIDE TO WINDFARM AGREEMENTS

SOLICITOR’S GUIDE TO WINDFARM AGREEMENTS A guide to windfarm agreements for landowners, farmers and potential investors in Ireland. Whilst a  developer might look for an option that includes all of your property, it is absolutely within your rights to not include these lands if you do not wish to do so. This exclusion of land can be covered in the Windfarm agreement.  A Comprehensive Solicitor’s Guide to Irish Windfarm Agreements Do not provide the company with any more land than necessary. A good rule of thumb is to provide two hectares of land for each turbine. Be diligent when identifying exactly what land will be included in the wind farm agreement. Any agreement should include a map that clearly identifies boundaries. It may be a good idea to employ the services of a professional engineer to create and oversee this map and avoid any future disputes that may occur.  Plan for the future. Consider any future plans you might have for the property or land in question. Pay particular attention to any succession plans for children. Make a plan that takes into consideration the daily running of your farm. Do you need use of certain access routes to maintain your livelihood? Access routes should form part of any agreement to avoid disputes and disruptions. Renewable Energy Solicitors Cork and Midleton The wind farm agreement can greatly change the layout of your current farm, so it is important to plan ahead and take into consideration access routes, gates and fences. Pay careful attention to the agreement and note any clauses that put restrictions on neighbouring/adjoining land. If you have future plans for any adjoining land, this should be included in the agreement to ensure the wind farm operators do not object to your activities in the future.  Put in place a clause or section that allows you to have full use of any infrastructure created on the land by the development company. Proof of the relevant insurance should be provided by the windfarm developer. These documents should be provided to you and your representation on a yearly basis to ensure full compliance.  Depending on the nature of the development, the following types of insurance may be required: marine, future profit loss, uploading of turbines, transit, public liability, rebuild cover.  Once the installation has been completed and commissioning signed off, the following types of insurance should be provided by the development company: operational damage, public liability, and material damage. The developer should also indemnify you from any claims that may arise on the land. Always seek legal advice prior to signing any agreement. Speak to your Teagasc representative to clarify compliance with any Department of Agriculture schemes you may be entitled to.  Should the Department of Agriculture refuse any payments or seek payments due to non-compliance, this should be indemnified by the development company. These payments may include but are not limited to forestry and farm payments.  Speak with a financial expert before signing any agreement. You want to avoid unexpected costs into the future. Generally speaking, windfarm agreements are accompanied by a confidentiality agreement, which means the landowners can not discuss the amounts of money involved. This means it can be difficult to determine what payment you should receive. Speak with a legal advisor who  has experience in this area and they will talk you through this process.  It is important that the payment agreement is based on megawatt of capacity installed rather than any exports. This will assist with calculating the amount of rent you will receive on an annual basis. This is a very important step in the rental agreement.  Speak with your legal rep to ensure you are also receiving a percentage based on the proceeds from operation and include this in the agreement.  See walshandpartners.ie/blog for more! Go to www.windfarms.ie for advice when entering into a Windfarm agreement Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Succession Planning Solicitor Cork Ireland

Succession is a process, not an event

Succession Planning Solicitor Cork and Midleton: Succession is a process, not an event Succession planning solicitor Ireland. Each year, we see a huge amount of interest and queries in relation to succession and the transfer of the family farm. Sometimes, there are cases whereby one or both of the involved parties are nearing the age of 35 or 66 years, and the pressure is on to transfer the property or farm in advance of these milestones. But the most important advice I would give to farmers thinking about succession is to view it as a process, rather than an event. Succession Planning Ireland It takes time, research, and clear communication, and should not be rushed into towards the end of the year. Implementing an effective succession plan involves more than minimising the tax payable. Succession should be considered from every angle. I get a lot of questions every year from farmers, one of the main ones being: “Is it advisable to transfer my farm while I am alive or leave it until my will is administered?” There will of course be both pros and cons when it comes to leaving farmland to others in your will when compared to making a transfer when you are alive, so it is important that you make this decision along with your family based on your own unique needs and often financial circumstances will come in to play.  Many parents wish to transfer farmland to their children during their lifetime, to avoid probate proceedings on their death, or because they want the children to have the use of the property during the parents’ lifetime. Legally Plan for the Future of your Business The Nursing Home Support Scheme Act of 2009, known more commonly as The Fair Deal Scheme, gives us some food for thought when it pertains to a parent voluntarily transferring farming assets to a child.   Disadvantages that may occur due to the transfer of property within your lifetime 1. If you transfer the property, it is important to realise that you have lost control of this asset, this transfer can no be reversed. It is possible to put certain clauses or  However, you can put covenants into the Deed of Transfer, for example, a right of residence in the farmhouse, or a right of maintenance, or both. 2. You lose control of the asset. You have no say if the property is sold or mortgaged, unless you have a right of residence or maintenance over the property. 3. You lose a valuable asset. You need to ensure beforehand that you will be financially secure into your old age without the farm, before you transfer.   Advantages for the transfer of property within your lifetime 1. When you transfer property in your lifetime, there is no requirement for probate upon your death (assuming any other assets in your possession are under the threshold). 2. The person who is receiving the farm/property can get to work growing the business and implementing their own plans to gain immediate benefits. This can also ensure that interest in the farm doesn’t dwindle over time and that a genuine drive for success of the business is in place.  3. Should you ever require assistance from the Nursing Home Assistance Scheme, the farm/land will no longer be listed in your name and therefore not included in any means testing. (Keep in mind that this is subject to the 5 year look back rule that is in place.)   Some disadvantages that may occur due to leaving the transfer of your farm, land or property in a will 1. Negative feelings can arise between family members if the successor of your property expected to receive it while you were still alive. It’s quite possible that they may move on to other interests or career opportunities instead of waiting.  2. If there comes a time where you require the assistance of the Nursing Home Support Scheme in Ireland, the farmland will have to be declared in your application. This application is means tested so the farm or property will be taken into consideration when determining the support you may receive and/or the contributions you have to make to care yourself.  3. When your will is being administered, your will will need to be submitted to the Probate Office in order to correctly have the estate administered. This means that the will has to be authenticated by the probate office prior to the executor undertaking their duties. This process needs to be completed prior to any distribution of land, monies or other aspects of your estate.  Some advantages for transferring the farm or property in your will 1. The property remains yours until you die and you will always have control of the farm/property.  2. A will can be changed at any time in your lifetime, as many times as you wish and in any way.  3. The security that comes with having the farm in your possession for the duration of your life.  The above is only a broad outline of some of the advantages and disadvantages that may occur when transferring property while you are alive or leaving it pass in your will. You will need to take legal advice in relation to your own situation and circumstances. But if you are thinking of transferring the farm before the end of the year, you should start the process as soon as possible, and explore the matter from every avenue, to ensure matters are not done in haste!   See walshandpartners.ie/blog for more! Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Making a will in Ireland

HOMEMADE WILL: SOLICITOR ADVICE IRELAND

MAKING A WILL IN IRELAND: SOLICITORS IN CORK, MIDLETON AND DUBLIN Whilst making a homemade will may be tempting and something we have all thought of at some stage, it is vitally important that you seek legal assistance and advice in this area. Making a will in Ireland with the correct legal advice is a very affordable and worthwhile process. We like to think of homemade wills as DIY, a little bit of knowledge goes a long way, but it’s the finer details that need the most attention and sometimes we just need an expert to step in. In the times we live in, individuals have accumulated more wealth and assets than they have in previous generations, so a valid will drafted by an experienced solicitor is vitally important. Homemade will advice Cork, Midleton and Dublin If a will is incorrectly drafted and possibly invalid, it can have horrific consequences for the surviving family members and loved ones. A relatively small fee can ensure that your will is drafted in accordance with the law and will serve your wishes in their entirety in the event of your death. Making a homemade will is not worth the risk it poses to those you love, it could put them at risk of expensive court fees and years of battling to get what is rightfully theirs. Avoiding disputes at all costs is the name of the game here, the lower the risk for disputes, the lower the costs will be to those you love. Where a will is deemed to be invalid, the person who wrote the will is said to have died ‘intestate’, if there is no prior will. This means that they died without legally leaving a will. Removing this risk will cost you a small fee and leave your loved ones with the security they need for the future. A skilled legal will writer is a notable profession that takes many years of training and legal expertise. Our team here at Walsh and Partners have honed our will drafting expertise to high levels and we recognise the importance of covering all aspects of your estate. Our sole aim is to ensure that your assets are distributed in accordance with your wishes with minimal or no disputes. We will also ensure that your will is drafted in such a way that any inheritance taxes will be minimal or avoided in their entirety. The small fee we charge for drafting your will represents excellent value when set against any tax savings that can be made in the long term. It is only natural that we do not like to contemplate our own deaths, however it is important that we have a say in how our assets are distributed. You may have a desire to provide for an old friend at the time of your death, someone who has been dear to you over your life, someone who has helped you when you needed it most, and you may have voiced this desire to them. However, if you do not express this in a valid will, then your estate will be distributed in a way that you had not intended. Making a will in Ireland with Walsh and Partners LLP Making a homemade will should not be left to chance, there are a number of mistakes that you could make along the way that could deem your will invalid or ineffective:        • Failing to sign the document,       • Failing to have the document witnessed,        • Omitting dates,       • Not including certain assets,       • Not amending the will when new assets are obtained or sold. In our expert opinion there are no circumstances in which a homemade will is acceptable for equal and fair distribution of an estate. As solicitors we are trained to treat your will as a document that is unique to your own special circumstances. We take the time to get to know you and your circumstances, talk to you about future potential outcomes and ask questions that you may not have thought about yourself. We can then talk you through the many options that are available to you, all the while ensuring your will is both valid and appropriate for your wishes. Legal expertise is necessary to ensure the validity of a will and to make sure that each and every paragraph and item is accounted for. Lacking the ability to craft a will professionally can result in large legal costs for future generations and potential disputes among family members after your death. Homemade wills pose too much of a risk to all involved, both financially and emotionally. Avoid costly mistakes that may deplete the value of your estate and get in touch with Walsh and Partners Solicitors LLP to learn more about securing a valid will for the future of your loved ones. Making a Will in Ireland http://walshandpartners.ie/blogs/plan-for-your-legacy-contact-a-solicitor-to-make-a-will/ https://www.irishexaminer.com/farming/news/karen-walshguide-to-making-a-will–why-let-someone-else-dictate-who-will-get-your-assets-439721.html Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Employment Law Solicitor Cork

EMPLOYMENT LAW

EMPLOYMENT LAW SOLICITOR CORK, MIDLETON AND DUBLIN, IRELAND Expert employment law solicitor Cork, providing legal advice and assistance to employers across Ireland.  Employment Contracts – Employment Law  When an employee starts a new position within a company, the employer needs to provide the employee with a written contract within 2 months of their start date. This contract or written statement should contain information relating to the following (the following list is not exhaustive): Official start date of new position. Official job title Information relating to their duties. Hours of work required on a weekly/montlhy basis and the structure of these hours, e.g. 9-5 Monday to Friday. Paid leave. Any relevant terms and conditions relating to the employment. Where an employee is starting work under a temporary contract. The employee needs to include the following information in the written document.  Duration of the contract or the expiration date of the first contract. This also applies to fixed term contracts and any changes to this contract must be notified in writing to the employee.  If at any time the employer or employee wishes to make changes to the contract, this must be notified in writing and signed by both parties.  Employment Law Solicitor Cork, Midleton and Dublin Some of the points the working Act of 1997 include are: No more that 48 hours working time per week on average. A resting period of at least 11 consecutive hours per working day.  Breaks throughout the working day.  At least one rest break of 24 hours (consecutive) per week.  If the employee is working throughout the nighttime hours, then a maximum shift of 8 hours should apply (on average).  For every 4 hours of consecutive time worked, the employee is entitled to a fifteen minute rest time and a thirty minute break for every 6 hours worked. It is possible for a 48 hour work week to be averaged and in the case of seasonal work, the average can be calculated over a six month period.  Contracts Solicitor Ireland Full-time workers are entitled to four working weeks paid annual leave per year. Generally part-time workers are entitled to 8% of the hours worked in the leave year, subject to a maximum of four working weeks. Unfair Dismissal Law – Employment law  There are two fundamental principles covered by the Unfair Dismissals Act of 1997. When terminating an employment, there must be sufficient grounds to justify this step.  When terminating an employee, procedures which are fair should be followed.  In cases where the employee has at least one year of service (continuous) with the company and they have not reached the age of retirement, then they must be included in the rules as laid out by this act.   It is vital that employers are aware of this and that they act accordingly. Should an employer act outside of these guidelines, and fail to follow procedures, they could find they employee has grounds to take a case for unfair dismissal. The guidelines set out by the Act should be followed at all times to avoid legal action being taken.  Redundancy If an employee has been dismissed as a result of a redundancy and all procedures have been followed, then this is a fair dismissal. In circumstances where an employee is made redundant, the employer must strictly adhere to the definition of redundancy as set out in the Act.  Dignity at Work / Bullying It is the responsibility of every employer to ensure that bullying and harassment is not part of the working environment. This includes physical, emotional and verbal harassment from all who work at the organisation, from top level management through to every level of employee.  Should an employer receive a complaint of bullying or harassment from an employee, this should be given the attention it deserves and treated in a manner that shows this behaviour is taken seriously within the organisation. Any investigations undetaken following a complaint should ensure care is taken to avoid further distress to the complainant.   It is imperative that the employer in receipt of the complaint fulfils their duty of care to the employee and others in their employ.  All employers should have a detailed workplace policy in relation to bullying and harassment in the workplace.  Equality When we look at the Employment Equality Act of 1998/2004, we can see it prohibits discrimination on numerous grounds. These include but are not limited to: Gender Family status Race, colour and ethnicity Marital status Sexual orientation Religious beliefs Age Disability Nationality or National Origin Being a member of the travelling community. The Employment Equality Act also prohibits discrimination once employment has commenced. This includes access to employment, employment conditions, access to the relevant training, access to work experience, promotional opportunities and job classification. Minimum Notice Under the Act, it is important to note the minimum notice period for termination as it applies to employees in your organisation.  Where a contract is in existence between the employer and the employee, this should clearly set out the notice period for termination of employment. In instances where a contract is not in place, the length of service with the company should determine the amount of termination notice. Where an employer fails to provide the employee with appropriate notice of termination, they are obliged by law to pay the employee in  full for this period of time.  Fixed Term Workers and Part-Time Workers When an employee is employed on a fixed term basis, this means they have been specifically hired to complete or work on a certain task. Once this task has been completed, the contract is complete. The contract should always have a very clear start and end date, which can be adjusted with the agreement of both parties in a written document. It is important to note that a fixed term contract can not run on indefinitely and there are limitations on the time periods you can continue to issue fixed term contracts. Part Time Employees Part-time employees are defined as

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Farm Safety Solicitor Cork

FARM SAFETY: SOLICITOR

FARM SAFETY SOLICITOR CORK, MIDLETON AND DUBLIN, IRELAND FARM SAFETY SOLICITOR CORK Expert advice from your Farm Safety Solicitor in Cork. Why do farmers farm, given the economic adversities and difficulties? The answer is, love. Farmers farm for the love of farming. Farmers farm because they love working outdoors in the presence of nature and animals. Farmers farm because they love our beautiful countryside. Farmers farm because they love the weather, even when it is making them miserable. Farmers farm because they love to live where they work, and work where they live. Farmers farm because they love to be their own boss. But, love can have two edges, one of laughter and enjoyment, the other of anguish, and the latter can tear the heart asunder.A farm is a manipulative creature. The work is never done. There is no such thing as finished. There are things that must be done now, things that must be done later. There is huge pressure. Do it now; or some living thing will wilt or die. Farm safety is very important. Farm Safety: Farm Safety   Farming is still the most dangerous occupation in Ireland. In 2013, 16 people died on Irish farms. In 2014, that figure almost doubled to 30. In 2014, 55% of all work-related deaths related to farming fatalities. Farm safety should be something all farmers consider before doing any task on the farm. Following on from my appearance on RTÉ’s Today Show, discussing farm accidents and farm safety, it is clear that there are basic practical things farmers can do to improve farm safety, such as ensuring children wear high visibility vests, having machinery serviced regularly, fitting a PTO guard to the tractor, teaching children respect for machinery and animals etc, but there are also legal safeguards that can be put in place to ease the trauma and pain of losing someone in a farming accident. Farming Law Firm Cork and Midleton Ask yourself one question now. If you died tomorrow, have you legal provisions in place whereby you have appointed someone to look after your estate and take over the farm? Have you named a successor? Have you decided how the farm will survive in the event that you die unexpectedly? If all the bank accounts are in your sole name, how will a family cope if there is no access to funds to run the farm?When someone dies, their bank accounts are frozen. A bank will not release funds until such time as they have been furnished with a Grant of Probate (if a person leaves a will) or a grant of administration intestate (if a person does not leave a will). Every farmer in the country should have a valid will made. You should not put it off. By making a will, you ensure that your wishes are carried out and the farm passes to who you wish it would pass to. If you die without leaving a will, your estate will be divided according to the rules of intestacy. For example, if you die leaving a spouse and children, two thirds of your estate will pass to your spouse and the remaining one third will be divided between your children in equal shares. If you are not married and have no children, your estate will be divided between your parents in equal shares. If your parents are dead, it will pass to your brothers and sisters in equal shares. Another important document to put in place is a document called an Enduring Power of Attorney (EPA). It comes operative only in the event that you become incapable of looking after your affairs, and it continues in force until death. Bank accounts, farm entitlements, land and other assets in the farmer’s sole name cannot easily be dealt with. When Agriculture Minister Simon Coveney announced a new service for bereaved farm families within the Department of Agriculture, Food and the Marine, it was hugely welcomed. It establishes a single point of contact with the department for bereaved families, and will deal with practical issues facing a farm after a loss. Last year, was a dark year for farm deaths, despite greater focus on farm safety. If you take one thing from this article, please put making a will on the top of your New Year resolution list. Trust me, you will be glad you did. You have the right to decide what happens your farm, in the event that you die. Do not leave the law decide for you. https://www.hsa.ie/eng/Your_Industry/Agriculture_Forestry/Further_Information/Fatal_Accidents/ https://www.hsa.ie/eng/Your_Industry/Agriculture_Forestry/Young_Elderly_on_Farms/Children_on_Farms/ https://walshandpartners.ie/farm-accident-solicitors/ Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Farm Accident Compensation Claims Ireland

FARM ACCIDENT SOLICITORS CORK AND DUBLIN

FARM ACCIDENT COMPENSATION CLAIMS SOLICITOR, CORK, MIDLETON AND DUBLIN Unfortunately, farm accident compensation claims in Ireland have become more prominent in recent years. Specialised farming solicitors based in Cork, Midleton and Dublin, serving farmers, employers and farm workers nationwide. As a farm owner or operator you have certain responsibilities to protect those on your farm. Preventing accidents occurring on your farm and being vigilant at all times is particularly important in such a busy environment. It is advised that you also have a safety statement in place to make clear your policies and procedures around safety on the farm. During the spring and summer months, the sun is shining, the kids are getting ready for the summer holidays, it’s time to start planning for silage cutting and the children in the vicinity will want to be outdoors. It is vitally important that your land and farming machinery is 100% safe. Farm Accident Solicitors Cork, Midleton and Dublin As with any other employer in the state, as a farmer you must comply with your obligations under the Health and Safety legislation, this includes having a safety statement. Your safety statement should be written and presented clearly and should contain: The identification of any hazards on the farm, including but not limited to machinery and animals on the land. A risk assessment that addresses the possibility of hazards occurring. The identification of measures that can be implemented to reduce any risk on your farm. Once your safety statement has been completed, a notification should be sent to all employees to make them aware of its contents and ensure it is freely available to view. It is possible that an inspector from the Health and Safety Authority may request to examine your safety statement, risk assessment or both. This inspector will also thoroughly inspect your health and safety measures and ensure that they have been put in place correctly and are effective. Safe Place of Work: This should include all areas on your farm and essential safeguards should be put in place to avoid injury on your land (a good example of this is the fencing of a slurry pit). Safe Place/Machinery: All machinery on the farm should be properly maintained and should have safeguards in place to ensure operation is risk-free (e.g. a PTO shaft should have a guard fitted to it). Safe Employees: Every member of your team should be trained to a high level in all aspects of their job. This training can include manual handling and livestock handling. Liability Insurance: It is vital that you also check the appropriateness of your liability insurance and upgrade it if necessary. This liability insurance will cover any claims for accidents that may occur on your farm. Farm Accident Compensation Claims Professionally Handled Always consult with a solicitor who has experience in the area of farming law. The Farmer – The Landowner: As the landowner or farmer you have a responsibility to protect those who may visit your farm, this includes members of the public. Identification of the possible risks to these individuals should be clearly covered in your safety statement. Children may be at particular risk on your farm. It is vitally important to note that the Safety, Health and Welfare at Work (Children and Young Persons) Regulations of 1998 require farmers or farm employers to clearly identify any work that is suitable or unsuitable for children on the farm. Tractors on the farm should never be driven by children under the age of 14. Specific guidelines have been put in place by the Health and Safety Authority of Ireland to cover the driving of a tractor by children 14 years or older. These guidelines should be followed with exacting standards. To drive the tractor in a public place (off the farm land), children must be 16 or older. Get in touch with your insurer to discuss your liability insurance and ensure you have adequate cover in place. You should also discuss with your insurer your liability for those who may be visitors to your farm, i.e. members of the public or family members. The Farmer – The Livestock Owner: Some things you need to know: 1. Whilst it is imperative to ensure that all of your livestock are handled, herded and loaded carefully, there are also rules about the escape of animals that you need to be in compliance with. Under Irish legislation, if any damage is caused by your livestock upon escape from your land, you as the farmer can be held responsible. Adequate fencing and other proactive measures should be put in place to ensure this does not occur. 2. If you regularly bring your livestock across a public road, either for milking or grazing, you are required under Irish legislation to clear the road of any cow dung after crossing. Cow dung that is left in place and subsequently causes an accident can leave you liable for any costs and damages. Farm Accident Compensation Claims Cork, Midleton and Dublin Under circumstances where an accident occurs and where the person involved has been injured and cannot perform their duties or work for more than three days in a row, this incident needs to be reported to the Health and Safety Authority. Where a member of the public has suffered a general injury and required medical treatment, this accident needs to be reported.  You will also need to notify the Health and Safety Authority of any specific occurrences such as chemical spills, fires or explosions on site. Where a fatal accident has occurred this should be reported immediately to the Health and Safety Authority and the Gardaí. Under the Acts of 2005, you as a farm owner or operator have a duty of care to all employees to ensure your farm is a safe environment for all. Should you require further information about drafting a safety statement for your farm or want to learn more about the legal services we offer, please get in touch with a member of our

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Contract Heifer Rearing Solicitor

CONTRACT HEIFER REARING SOLICITOR

SOLICITOR FOR CONTRACT HEIFER REARING IN CORK, MIDLETON AND DUBLIN John and Paul entered into a Contract Rearing of Heifers arrangement last year. John is a local dairy farmer. He wished to expand milk production, but did not have access to more land. Paul is a semi-retired farmer who was seeking a new income stream. Last March, John met with Paul on his farm. John checked with the Department that Paul’s previous two herd test results were clear, observed the quality of previous stock that Paul has reared, and was satisfied. They discussed the terms, and both decided that it was best to draw up a written agreement in relation to the contract rearing of heifers. The arrangement has proved very successful. John is happy with the quality of the stock. Paul has established a good reputation as a rearer. With the milk quota abolished this year, it is a win-win situation for both parties. With contract rearing of heifer arrangements usually kicking off in or around the month of April, John and Paul are now making arrangements to put in place another written agreement. They will need to instruct a solicitor familiar with contract heifer rearing. The arrangement in simple terms involves a dairy farmer entering into a contractual agreement with another farmer, and the replacement stock are reared on the other farmer’s holding. Why should you have a written agreement in place? * It provides a thinking platform, to explore possible scenarios and issues in advance of entering into an agreement.* Potential problems can be addressed and ironed out before entering into an agreement.* It outlines the responsibilities and expectations of both parties.What should be included in an agreement? Contracts should include the following: 1.Confirmation of the duration of the agreement.2. Both parties’ responsibilities, obligations and expectations.3. Animal health: the farmer’s animals must come from herds that are TB-free, and animals must have a clear test within the previous 12 months.4. Vaccinations: the heifers should be vaccinated, as necessary.5. Targets specifically defined: will the heifers be weighed and, if so, by whom and at what stage?There are different types of contracts, but the most common arrangement is per animal per day or per kilogram of live weight.6. Tagging and dehorning: all stock should be tagged and dehorned on delivery to the rearer, and the rearer is responsible for replacing any damaged/lost tags.7. Veterinary costs — who is responsible for this?8. Disputes: how are they to be resolved?9. Dates of arrival/planned removal of animals.10. What methods of payment are most suitable to operate?11. How often will the owner visit the contract rearer’s farm to check the heifers?The above list is not exhaustive. There are many “what if” questions. What if weight targets are not met? What about insurance? Who is responsible for the transportation of the animals? The answer to all of these questions lies in a well-drafted contract.Every situation is unique. However, what is critical is to ensure you have a written agreement in place. The success or failure of a contract heifer rearing enterprise can depend on the quality of the contract between the heifer rearer and the dairy farmer. Badly constructed contracts, incomplete contracts, or no contracts, often result in uncertainty, and ultimately a dispute between the parties.Whoever is at fault in a dispute, it is without doubt the farmer who will lose out the most in the long-term. The rearer who establishes a good reputation and is delivering a quality service will need to protect his interest, by having a written agreement in place. A year on, John and Paul’s arrangement is very positive. Paul is delighted to have a regular monthly income, and because he has an interest in dairy stock, he enjoys it. John has had the opportunity to expand production without suffering the burden of spending huge monies on acquiring land. John and Paul both agree, “A written contract is essential. It provided clarity between us in advance of entering into an agreement, and identified any possible roadblocks, so that any issues could be ironed out in advance”. Dealing with a solicitor who is familiar with contract heifer rearing is essential.  April is fast approaching, so whether you are the dairy farmer or the heifer rearer, you need to start getting your written agreement in place now. See walshandpartners.ie/blog for more! https://www.teagasc.ie/media/website/publications/2018/Contract-Rearing-Dairy-Heifers.pdf https://www.independent.ie/business/farming/beef/beef-advice/how-19-drystock-farmers-are-contract-rearing-over-2000-dairy-heifers-and-making-up-to-1400ha-37478869.html Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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Windfarm Solicitors Cork and Dublin

WINDFARM SOLICITORS CORK

WINDFARM SOLICITORS CORK, MIDLETON AND DUBLIN As windfarm solicitors Cork and Dublin, we have a great insight into wind farm agreement and option agreements.  Let’s talk about wind farms. You are a landowner or farmer and you receive a very well written letter in the post from a prominent wind farm development company. This company wants to develop a wind farm on your land and it sounds pretty good. A few days after you have received the letter you get a visit from a well-dressed representative from the company. This smart talking rep offers you the sum of €5,000 just to sign an option agreement for five years and you are thinking you have hit the jackpot. He has even said that after you have signed, he will give you €18,0000 for every single wind turbine that is erected on your land. This sounds like a pretty good offer. Let us not stop there! The rep also says that you continue on with your daily farming life without interuption and that the very first payment will be in your bank account within the month. All you have to do is sign the option agreement. What’s not to like? Well, we ask you think first about the old saying, that if something seems to good to be true, it probably is. Wind Farm Solicitors Cork, Midleton and Dublin If as an experienced wind farm solicitor, I could give one piece of advice to you now it would be, do NOT sign anything and seek expert advice immediately. You will have seen a lot of media coverage over the past number of years about the social, environmental, health and financial impact of wind farms, but in this article we will be focusing on the legal aspect. At Walsh and Partners Solicitors LLP we are experts in wind farm development and renewable energy contracts. You can trust that we have your very best interests at the core of our business at all times. Option Agreements and Leases for Windfarms We have repeated this many times but it is vital that you understand and are aware of the onerousness of option agreements and the impact they can have on you, your family and your livelihood into the future. A signed option agreement allows the developer to acquire your land and enter into a lease for development in the future. If at any time the developer requires your land for their wind farm, they can legally insist that a lease be put in place. Once this development starts, you can have wind turbines on your land from 25 to 35 years. Terms of the lease are also agreed at the time of signing the option agreement so the small print here is really important. The lease cannot be renegotiated at a later date. Once you have signed there is no going back. In most cases we find that the developer will look for an option period of five to ten years and this may not fit with your plans for the future. In cases when the term of the option agreement is longer, there should be a clause that allows you to receive milestone payments. We also advise that a clause be inserted prior to any signing that allows you to state that planning permission needs to be applied for within a certain timeframe. Just one week ago I spoke with a farmer who had been approached with an option agreement. This agreement would have allowed the developer to develop a large wind farm on his land over a ten year period and would have allowed them to lease his land for a minimum of 35 years. Think about it, that is almost half a century of his land being occupied by developers. Thankfully on this occasion the farmer took my legal advice and declined to sign the option agreement. We are now in progressed negotiations with the developer to insert more favourable terms into the agreement that will ensure the farmer is happy and feeling secure about the terms of the lease. Windfarm Solicitors Cork and Midleton Once the option agreement has been signed it can be triggered at any time by the development company simply by applying for planning permission for a number of turbines and getting connected to the national grid. If for any reason the development does not go ahead and the lease and option agreement have not been triggered, the only payment you as a farmer or landowner may receive is the initial payment. It is up to you in conjunction with a wind farm legal expert to negotiate all terms of the lease. The end goal should be to ensure that you are fairly compensated for any risk you are taking and the onerousness of the terms you have accepted. Your future property rights are incredibly important and need to be negotiated and addressed in detail prior to signing any agreement. Most wind farm development companies have negotiated hundreds if not thousands of leases and you can be assured that they can do this stuff in their sleep. Standard option agreements are drawn up and they will always favour the developer, so it is up to you and your solicitor to ensure you negotiate these terms. Think of the standard option agreement as a starting point and take it from there. I.F.A. Minimum Terms The I.F.A. (Irish Farmers Association) have negotiated minimum terms with two major players in the wind farm development market. These are Element Power Limited and Mainstream Renewable Power Limited. The outcomes of these negotiations are listed below: 1. An annual payment of €1,000 during the option period. 2. A minimum yearly lease payment of €18,000 per turbine and €6,000 per MW. 3. Payment of 5% of energy price and green credits after 2015, 3% for years prior to that. 4. Forestry:           (a) Wind farm development company to take on full replanting obligations.          (b) Landowners to

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Medical Negligence Compensation Ireland

MEDICAL NEGLIGENCE

MEDICAL NEGLIGENCE COMPENSATION CLAIMS CORK, MIDLETON AND DUBLIN, IRELAND Medical Negligence which is also known as “clinical negligence” occurs when a person suffers an injury as a result of a healthcare professional not providing an adequate or proper level of care. Health professionals would include doctors, dentists and any other medical professionals. Medical negligence compensation in Ireland, cases will differ greatly due to the unique situations presented by individuals. Medical Negligence Compensation Ireland If you wish to bring a medical negligence claim, it is advisable that you make contact with a Solicitor who will take an initial detailed attendance from you and carry out investigations as to whether there is potentially an actionable case. The investigations would include the following:- It is advisable to obtain medical records from various hospitals and GPs that you have attended to ascertain your past medical history and the history of the treatment. You will be required to obtain a report from a suitably qualified expert confirming that in their opinion the treatment that you received fell below the requisite standard of care which would be expected. Once a suitable expert report is at hand commenting on liability and causation, a letter of claim would need to be sent to the appropriate defendant. You may then consider bringing court proceedings. Your solicitor would be required to brief a barrister to draft the appropriate court proceedings. The majority of medical negligence cases are heard in the High Court. Making a claim for medical negligence in Cork, Midleton or Dublin The first key step to ascertaining whether there is an actual case is to get an appropriate expert report. As Ireland is a relatively small country, it is often difficult to find an appropriate expert based in Ireland and you may be required to retain an expert based in the United Kingdom or elsewhere. This report will comment on causation and liability and is crucial in ascertaining as to whether there is a stateable case. Once proceeding have been issued, the defendant will then set out there position and it will then be clear as to whether liability or causation are being disputed. If this is not being disputed, there is a strong possibility that the defendant will enter into settlement negotiations. If the matter is being disputed by the defendants it is likely that the matter will then go to a court hearing or trial. It is important to know under the Statute of Limitations Act 1957 the time limit for bringing a medical negligence case is two years from the date of injury or the date of knowledge that the injury was caused. Medical Negligence which is also known as “clinical negligence” occurs when a person suffers an injury as a result of a healthcare professional not providing an adequate or proper level of care. Health professionals would include doctors, dentists and any other medical professionals. If you wish to bring a medical negligence claim, it is advisable that you make contact with a Solicitor who will take an initial detailed attendance from you and carry out investigations as to whether there is potentially an actionable case. The investigations would include the following:- It is advisable to obtain medical records from various hospitals and GPs that you have attended to ascertain your past medical history and the history of the treatment. You will be required to obtain a report from a suitably qualified expert confirming that in their opinion the treatment that you received fell below the requisite standard of care which would be expected. Once a suitable expert report is at hand commenting on liability and causation, a letter of claim would need to be sent to the appropriate defendant. You may then consider bringing court proceedings. Your solicitor would be required to brief a barrister to draft the appropriate court proceedings. The majority of medical negligence cases are in the High Court. The first key step to ascertaining whether there is an actual case is to get an appropriate expert report. As Ireland is a relatively small country, it is often difficult to find an appropriate expert based in Ireland and you may be required to retain an expert based in the United Kingdom or elsewhere. This report will comment on causation and liability and is crucial in ascertaining as to whether there is a stateable case. Once proceeding have been issued, the defendant will then set out there position and it will then be clear as to whether liability or causation are being disputed. If this is not being disputed, there is a strong possibility that the defendant will enter into settlement negotiations. If the matter is being disputed by the defendants it is likely that the matter will then go to a court hearing or trial. It is important to know under the Statute of Limitations Act 1957 the time limit for bringing a medical negligence case is two years from the date of injury or the date of knowledge that the injury was caused. Contact Walsh and Partners today to further explore your claim for medical negligence. Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn

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