Holmes O’Malley Sexton have recently been appointed as solicitors to provide legal services to the National Council for Special Education following a successful tender process.
Building Energy Rating (BER) Certificates were introduced by The European Communities (Energy Performance of Buildings) Regulations 2006 (SI 666 of 2006) which implemented EU Directive 2002/91/EC on the energy performance of buildings.
As the icy roads begin to thaw out insurance companies are bracing themselves for a flood of claims. The extreme weather conditions experienced in Ireland over the last few weeks has given rise to an unprecedented number of road traffic accidents and individuals slipping and falling on icy surfaces.
Holmes O’Malley Sexton, Solicitors, offers advice at the Special Olympics Village, Limerick, on estate planning and making provision for children with special needs. For further information contact our Wills and Probate Unit.
A recent report by the State Claims Agency (SCA) entitled “ Slip/ Trip/Fall relating to Shower/ing: Events reported to the STARSWeb National Reporting System from the 1st January 2004 to 31st December 2009” shows that over 117,800 slips, trips or falls have been reported to the SCA in the six year period. This represents 38 % of all adverse events reported.
We are delighted to announce that we have been successful in our tender for the contract for the provision of debt collection legal services to the Revenue Commissioners for a period of six years, commencing on 1st of January 2010. This contract was awarded to us in open competition following a tender process.
Due to our continued efforts to improve client service we opened our Dublin office at 14 Hume Street, Dublin 2 on Monday 9th March 2009
The Tánaiste and Minister for Enterprise, Trade and Employment, Ms Mary Coughlan, T.D. announced the introduction of revised qualifying conditions for new work permits for first time entrants to the labour market. It is anticipated the proposed changes will come into effect from 1st June 2009. Amendments have been made to the Green Card List which are effective from 15th April 2009.
In a High Court case last week Justice Mary Laffoy held that it was unconstitutional to commit a person to prison for their inability to repay a judgment debt.
In 2005 the District Court had jailed Caroline McCann for one month due to her failure to pay instalments to meet a judgment debt of €18,000 to Monaghan Credit Union. The High Court held last week that the prison term was unconstitutional and the case has been adjourned to determine Ms McCann’s claim for damages in respect of the imprisonment.
In the aftermath of the April 2009 budget, the National Asset Management Agency (“NAMA”) has become one of the most talked about and controversial issues of debate amongst politicians, the media and indeed ordinary taxpayers. The question on everybody’s lips is “Will NAMA work?” It is a question relevant not just for the former ‘A’ and now ‘X’ rated property developers across the grossly overpriced Dublin market but across the entire country, including here in the Mid-West.
It is mine and every other taxpayer’s hope that NAMA will, indeed, work because right now very little is working. Here in Limerick, the stagnation in the credit markets of the past number of months is further compounding the disproportionate fall-out on the city and region from this severe recession so the sooner the credit crunch is resolved, the better for us all. Restoring our banks to a state of stability and creditability is essential but I do have doubts surrounding NAMA, its implementation, and in particular, the legislation that will be required for it.
Mediation Saves Time, Money and Business Relationships (19.8.2009) is an article by Holmes O’Malley Sexton Solicitor’s Managing Partner Harry Fehily. The article outlines the benefits of mediation especially the use of mediation in disputes in the Irish Commercial Court. For more information on mediation and/or the Commercial Court please contact Harry Fehily, Managing Partner, or Aoife Walsh, Solicitor.
On the 25th of March 2010 at Limerick District Court, Judge Tom O’Donnell granted an application brought on behalf of the publicans of Limerick City to open their doors to sell alcohol to the public on Good Friday 2010. It was estimated that the Munster v. Leinster rugby match would be worth €7.3 million to Limerick City if the pubs were permitted to open and this landmark decision protected much needed revenue for the area.
Sooner or later, parents of children with special needs will have to confront the difficult question of how best to ensure that their children are adequately provided for in the event of their own death. This is a particular worry for them, especially where adult children are concerned, and a matter that needs careful consideration.
The Government has approved the drafting of a new Companies Bill which will reform, restructure and update company law in Ireland. The Bill will replace the existing Companies Acts 1963-2005 and relevant secondary legislation and is expected to be initiated in ea
by Melanie Holmes, Solicitor
On 1st October 2008 we held a seminar on Financial and Succession Planning for clients with Davy Stockbrokers.
On 9th October 2008 we held a seminar on Insolvency and Corporate Rescue for practitioners and bankers. We were delighted with the attendance.
On the 10th of October 2008 a seminar for insurance brokers was held in our offices.
In a landmark judgment delivered on 19th December 2008, the Supreme Court...
Legal Issues in this Economic Climate Seminar presented by Holmes O’Malley Sexton at the Innovation Centre, Kerry Technology Park, Tralee
Fiona Manning, an associate solicitor in our litigation department, appeared on Spin Southwest radio on Spintalk on Monday 12th January 2009 to discuss redundancy law.
Irish Wills and Devolution of Foreign Based Assets seminar was presented by Robert Kennedy, Partner, for the International Women's Organization
Employment Law Seminar – Dealing with Compliance in Today’s Climate was held at Holmes O’Malley Sexton, Limerick
Our managing partner Harry Fehily has been elected President of Limerick Chamber of Commerce. He took office on Tuesday 10th March 2009. Harry is looking forward to the challenges of leading the Chamber in this economic climate and brings focused ideas and initiatives to stimulate the local economy. We wish him every success in the year ahead.
In the case of Murphy v Grealish (2006) IEHC 22 the plaintiff, Mr Murphy, sustained injuries to his neck and back when the vehicle driven by the defendant collided into the plaintiff’s stationary vehicle on 12th May 2
In a recent High Court case, Smith v Meade and others, a passenger who had been injured in a road traffic accident has taken an action for damages for personal injury and loss.
Redundancy is on the increase and employment opportunities are scarce on the ground.
Currently members of An Garda Siochana who sustain personal injuries maliciously inflicted upon them during the performance of their duties or while acting in their capacity as a member when off duty or merely because of their being a member of An Garda Siochana can seek compensation for their injuries under the Garda Siochana Compensation Acts.
We are delighted with the success of the employment law seminar in the Savoy hotel hosted by Hays Recruitment at which members of our employment law team and business law team spoke. Topics covered included redundancy, transfer of undertakings, fixed term contracts, variation of terms and conditions of employment and outplacement services. If anyone is interested in obtaining a copy of any of the papers presented, please contact Michelle O’Riordan of our Employment and Pensions Unit
The much publicised pursuit of so-called online “peer to peer” music sharing by industry giants such as EMI, Sony, Universal and Warner has been one of the most fascinating stories of the internet’s short history. In recent years, record companies, struggling to effectively reel in the copyright infringers engaged in the file sharing , took their struggle to the internet service providers (“ISPs”).
Thousands of Irish motorists convicted under Section 5 of the Road Traffic Act 2004 may now be able to have those convictions quashed as a result of a recent judicial review case.
The Civil Law (Miscellaneous Provisions) Act 2008 came into effect on the 20th day of July 2008 and introduces significant changes to landlord and tenant law. Under section 13 of the Landlord and Tenant (Amendment) Act 1980, a tenant acquires what is known as “business equity” in a tenement where a tenant is in continuous occupation of the tenement for a period of five years for the purpose of carrying on a business. Following this five year period, the tenant is entitled to a new tenancy in the tenement.
One of the most important and sensitive considerations facing individuals is how to pass on wealth to family, loved ones and charities in the most efficient manner. Individuals are increasingly moving from the traditional passive approach to succession to a very active one.
With all the recent discussion about recession, it is inevitable that some companies will unfortunately need to make redundancies over the coming months.
Anthony Murphy, participated recently in the International Contract Negotiations Competition for trainee lawyers held in London from the 7th - 11th July 2008. Anthony was part of the two-man team that represented the Law Society of Ireland finishing 3rd overall in the competition behind South Korea and Japan.
An important task of a receiver or liquidator appointed to an insolvent company is to assess and deal with claims made by suppliers under retention of title (“ROT”) clauses.
On the 1st of July 2008, the Finance Act 2008 introduced a new VAT regime with respect to all property transactions. The changes are designed to “simplify” the rules for VAT and it is imperative that this new VAT regime is carefully considered by all clients prior to entering into an agreement for lease or contract for sale/purchase of a property.
The potential for wind power to produce bright clean energy in a world darkened by gloomy carbon footprints is increasingly being recognised. Wind energy brings with it many advantages; its primary raw material is free, it provides one of the safest and most economical ways of producing energy, and of course, it is a resource that we, in Ireland, have in abundance, recognised often in our folklore - “May the wind be always at your back”.
Prior to the introduction of divorce in Ireland in 1997, any contract which attempted to arrange an exit mechanism from a marriage was considered void and contrary to public policy in that it was seen to contemplate and perhaps facilitate a possible marriage breakdown.
Irish Company law is getting simpler. At least that is what is envisaged by the lawmakers of Ireland who have undertaken the mammoth task of consolidating the existing body of Irish company law into a new Companies Act. When enacted, the new Companies Act will repeal all previous company legislation in Ireland and will modernise Irish company law.
The Personal Injuries Assessment Board is the statutory body charged with dealing with all personal injuries actions, including employer’s liability claims.
Holmes O’Malley Sexton Solicitors are pleased to announce the firm’s appointment to the panel of legal advisors to The Pensions Board in respect of Litigation and Prosecution services.
In any reasonably sized commercial property transaction, stamp duty at the top rate of 9% will apply. Accordingly, structuring any such transaction in a tax efficient manner is of key importance in order to minimise or avoid any liability to stamp duty.
The powers of The Pensions Board have been greatly enhanced by the introduction on the 17th September 2007 of the new “on the spot” fine regime.
If you are a party to a commercial contract, you may have had the misfortune of being involved in a dispute. With a speedy resolution in mind, a drawn-out and expensive legal action may not be very palatable.
Design rights are protected on a national basis in Ireland under the Industrial Designs Act 2001. Council Regulation 06/02 (the 2002 Regulation) introduced for the first time an EU wide protection for designs in the form of a Community Design Right.
On the 1st of July 2008, the Finance Act 2008 introduced a new VAT regime with respect to all property transactions. The changes are designed to “simplify” the rules for VAT and it is imperative that this new VAT regime is carefully considered by all clients prior to entering into an agreement for lease or contract for sale/purchaser of a property.
Part II of Chapter VII of the Social Partnership Agreement, Towards 2016, outlines the Government’s commitment to achieving better employment law compliance. To facilitate this, the National Employment Rights Authority (“NERA”) was established on an interim basis in February 2007. NERA’s mission statement is “to achieve a national culture of employment rights compliance.”
HOMS were appointed as exclusive advisors to the Private Security Authority in 2005. The firm advised extensively in respect of the establishment of the licensing regime by the Authority and have drafted all required PSA regulations to date. 2007 proved a very successful year for the enforcement arm of the Authority with the Authority represented by HOMS having successfully obtained:
In May 2004 the Irish Government undertook to carry out a reform of the procurement process for public works projects. Amongst other reforms, this process resulted in the introduction in February 2007 of five new precedent public works contracts,
The processing of data relating to an individual (personal data) is regulated by the Data Protection Acts 1988 -2003. An obligation to register with the Office of the Data Protection Commissioner may now arise for any person who controls the contents and use of personal data (data controllers) following the introduction of the new Data Protection Act 1988 (Section 16(1)) Regulations 2007 (the 2007 Regulations) on the 1st October last year.
Claims by employees for bullying in the workplace are increasing all the time. it is a challenging area for hr managers. there are,however, steps which a company can take in order to protect employees from bullying and also to minimise any potential liability for the employer. the Code of practice for Employers and Employees on the prevention and resolution of bullying at Work came into effect on 1 may 2007. While not legally binding, the Code may be admissible in evidence in legal proceedings and provides useful guidance for combating bullying in the workplace. the steps advocated in the Code may be summarised as follows:-
The Defamation Act 2009 (“the Act”) came into force on 1st January 2010 and replaces the Defamation Act 1961 and some of the common law applicable prior to the 1st January 2010. The act was long awaited, having been the subject of a Law Reform Commission Report in 1991 and of the Legal Advisory Group in 2003.
The Land and Conveyancing Law Reform Act 2009 (“the Act”) provides for fundamental reform and modernisation of land law and conveyancing law and aims to simplify the law and the conveyancing process.
Agency regulation and the rights of temporary agency workers have for some time now been in need of overhaul. Significant legislative changes are proposed. These changes will modernise the licensing regime of employment agencies and fundamentally alter the legal entitlements of temporary agency workers.
Examinership has been the subject of sustained recent media scrutiny following the dramatic increase in the numbers of companies seeking to avail of the court protection provided by this process.
With the unprecedented economic circumstances in which the Irish economy finds itself currently, there has, unsurprisingly, been an increase in the number of commercial disputes
Just over six years ago on 12th January, 2004 the Commercial Court was established with the objective of expediting business disputes with a value of in excess of one million euro
Trade marks come in all manner of varieties and are a prevalent feature of a consumer's everyday life. Whilst trade marks are typically thought of as logos or distinctive word marks, a recent appeal brought by toy manufacturing giant Lego Juris A/S (“Lego”) is testing the limits of what European trade mark law will allow as a registered trade mark.
Harry Fehily our Managing Partner is pictured at the Limerick Chamber of Commerce President’s dinner November 2009. Harry was president of the Limerick Chamber of Commerce in 2009...
Eibhlin Kerr, a fourth year Law and Accounting student at the University of Limerick, is pictured with Harry Fehily, Managing Partner, after being awarded with the Holmes O’Malley Sexton Scholarship 2009. The scholarship is awarded on the basis of second and third year law results in the University of Limerick.
Holmes O'Malley Sexton (HOMS), made a presentation on ‘Legal Issues of Interest to General Practitioners' to the Limerick Faculty of the Irish College of General practitioners, on Wednesday, October 25 th at 8.15pm at the Clarion Suites, Ennis road, Limerick.
A County Cavan woman was recently awarded over €5 million in compensation after suffering catastrophic injuries in a road traffic accident. The car in which she was travelling as a passenger struck a tree.
We are delighted that the Irish Greyhound Board's new greyhound stadium has officially opened. The €20 million state of the art facility, which can accommodate 2,900 spectators, will be of immense benefit to Limerick as well as nationally to greyhound racing.
The Health Service Executive has announced that following the recent worldwide recall of artificial hips by DePuy Orthopeadics, a US based firm and a unit of Johnson & Johnson, some 3,500
The Land and Conveyancing Law Reform Act, 2009 (“the Act”) has introduced significant changes to the law on easements and profits á prendre from 1st December 2009. This article discusses both easements and profits á prendre which are extremely common and usually exist between neighbouring landowners.
During the Celtic Tiger entering into personal guarantees became common place, particularly for property developers who sought large sums of money from the various lending institutions to fund property development and speculation. Guarantors now often find themselves the subject of legal actions taken by lenders seeking to enforce personal guarantees where the principal borrower is unable to meet repayments.
The Irish Constitution sets out the fundamental safeguard that the Courts conduct their business in public. This means that anyone may observe court proceedings from start to finish. The effect is that administration of justice is open to scrutiny and is a safeguard for fair practice. It allows transparency through media and official law reporting so that the public, judiciary and legal professionals are aware of the law and how it is applied.
With the rise of litigation culture in Ireland and the recent property and development boom architects need to be extra vigilant in the way they carry out their work, limit their warranties and handle complaints against them.
Most people will have heard of time limitations in the context of criminal law and that there is a limit of time in some types of cases after which prosecutions cannot be taken. However limitations also apply to civil law. Laws impose obligations on a person who seeks to take a case to do so within a certain period of time from the event or incident which gives rise to the claim. If proceedings are not initiated within the appropriate time limit a case can be deemed to be statute barred.
Case progression is a case management system where specific issues in a dispute are identified and efforts are made to either resolve or narrow those issues prior to trial by engaging in discussions with one another or by having experts come together to reach agreement on certain issues. The aim of narrowing the issues before trial is to either reach early settlement or have shorter hearings and to significantly reduce costs.
We were delighted to sponsor the Fourth Legal Education Symposium which was hosted by the University of Limerick this year.
A three judge divisional court of the High Court was convened this week to hear business man Paddy McKillen's challenge in respect of NAMA taking over loans from Anglo Irish Bank.
The October 11th decision of Justice Charleton of the High Court in the case of EMI Records (Ireland) Limited & others -v- UPC Communications Ireland Limited represents a significant new twist in the music industry’s long running battle to halt the widespread infringement of its intellectual property rights via online sharing of digital music files (“peer to peer file sharing”).
The European Court of Justice (ECJ) has ruled that the family rights of an Irish unmarried father who helped rear his children over a ten year period were not breached as a result of the children's mother bringing them to England.
For many entrepreneurs, bringing an idea to market can prove a daunting task. Faced with a myriad of “action items”, promoters of a start up business can find it difficult to establish what must be prioritised in the early stages of the development of their business. Avoiding some of the more common legal pitfalls at this start up stage can prove invaluable in the medium to long term and a prudent promoter will take the necessary professional advice before embarking on the start up journey.
Judge Gerard Hogan held an emergency hearing at his home in the early hours of the 27th December 2010 at the request of Temple Street Children’s Hospital who were treating a critically ill three month baby. The baby became unwell on Christmas day with acute bronchiolitis and his condition deteriorated throughout the day.
Two rates of Stamp Duty now apply to Instruments/Deeds of Transfer/Conveyances/Assignments of Residential Property executed on or after the 8th of December 2010. The previous exempt threshold of €127,000 has been abolished. A new lower rate of 1% now applies where the purchase price does not exceed €1 million. A higher rate of 2% will apply to the excess of the price over €1 million.
Compulsory registration of Title in the Land Registry will be extended to the Counties and Cities of Cork and Dublin from the 1st of June 2011. This extension means that compulsory first registration will apply to the entire Country from June 2011. Therefore when anybody buys unregistered property in any County in Ireland post 1st of June 2011,
In the Winter 2009 Edition of HOMS News (available here), we reported on the European Commission’s recommendation to the European Council to open negotiations for a “unified patent litigation system” which would facilitate pursuit of cross-border infringement of patents via a single infringement action. In parallel with this development, progress towards
The Adoption Act, 2010 (“the Act”) came into force on the 1st November 2010. This new act consolidates all existing laws in relation to adoption into one single piece of legislation and aims to ensure better regulation of adoption in Ireland and in respect of intercountry adoption.
The economic climate has resulted in unprecedented fluctuations in business demand which has lead to an increase in the use of fixed-term contracts of employment. This has been accompanied by a steep rise in redundancies. This article looks primarily at the issues which arise when making fixed-term employees redundant.
When a liquidator is appointed, one of the first things he/she does is to take possession of the company assets. Usually this includes the property from which the company has been trading. Frequently this property is held under an occupational lease (usually a period not in excess of 21 years)
We were delighted that Keith Burke a solicitor and trademark agent in our Business Department was invited to make presentations to the Franchise Acceleration Start Up Training (FAST) Programme, National Franchise Centre at Limerick Institute of Technology, O’Connell Street Campus on 11th and 16th May 2010.
The winners of Limerick Institute of Technology's Limerick Enterprise Acceleration Platform (LEAP) Programme Business Awards were announced yesterday at the awards ceremony attended by Minister Brian Hayes T.D. and HOMS partner.
On 7th July 2011 the High Court ruled that certain provisions of the Industrial Relations Acts 1946 and 1990 (the “Industrial Relations Acts”) and the Employment Regulation Order (“ERO”) made on 12th May 2008 (SI 142 of 2008), which set certain minimum terms and conditions (including pay) for catering workers outside the County Borough of Dublin and the Borough of Dun Laoghaire, were unconstitutional.
Sarah Ryan, Solicitor, was delighted to be invited to present on family law issues for a Public Interest Law Alliance (PILA) education event.
PILA, a project of FLAC, organised the PILA and Doras Luimni Legal Education Event which was held at the Perys Hotel, Limerick, on 21st July 2011.
The High Court recently approved a landmark interim structured settlement for a severely-injured man whose life expectancy is uncertain. In most cases involving claims for cost of future care, settlements take into account an actuarial valuation in relation to the capitalised cost of the future care needs of the individual.
In May the Supreme Court refused an order for sale to the Office of the Revenue Commissioners in Irwin v. Deasy,  IESC 15. The revenue had sought the order to satisfy judgment debts. The land the subject of the action was co-owned by a man and
The National Asset Management Agency (NAMA) was established in 2009 to acquire good and bad loans from participating financial institutions. As part of its work, NAMA attempted to acquire loans held by a number of companies, bodies corporate, and/or partnerships incorporated in the State, in the UK and in France in which the property developer, Patrick McKillen has a 50% or 100% beneficial interest.
If you have not been involved in business at management level in the past, you may not know how to ensure that your business can withstand the scrutiny of potential investors and buyers in a legal due diligence process.
A question which recently faced the Irish Courts was “Can a secured creditor be made accept a discount on their loan in an examinership?” This query is of course of particular importance to the banking sector.
The largest libel award in the history of the State was recently made when Donal Kinsella, a former director of Kenmare Resources, was awarded €9 million in compensatory damages and €1 million in aggravated damages.
The Adoption Act, 2010 (“the Act”) came into force on the 1st November 2010. This new act consolidates all existing laws in relation to adoption into one single piece of legislation and aims to ensure better regulation of adoption in Ireland
The Planning and Development (Amendment) Act 2010 (“the Act”) was enacted on 26th July 2010. The Act introduces provisions regarding development plans, changes to the planning code and has made significant amendments to the Planning and Development Act 2000 (“the 2000 Act”).
In November 2010, following a comprehensive review of existing legislation, the Law Reform Commission published its report on the Consolidation and Reform of the Courts Acts.
Holmes O’Malley Sexton were delighted to sponsor a race on 28th December 2010 at Limerick Races. Harry Fehily, Managing Partner (left) and Robert Bourke, Partner (right) present a trophy to the owner (centre), Mr M N Dolan, of the winning horse Golden Sunbird.
Congratulations are extended to Donal Creaton, Partner, on his appointment as the President of Limerick City and County Solicitor’s Bar Association for 2011 and 2012. We will be supporting Donal and the association in their delivery of services and support to the legal profession in Limerick.
Holmes O’Malley Sexton trainee solicitor Michael Murphy is pictured with his 'Best Advocate' award from the Law Society Trainee Moot Court Competition 2010/11 in the Four Courts on 23rd February 2011. Mr. Justice Kearns, Mr. Ken Murphy, Mr. T.P. Kennedy, Mr. Justice Finnegan and Mr. Justice Peart presented the award to Michael.
Holmes O'Malley Sexton, Solicitors in Dublin and Limerick are having a Charity Wills Week from Monday 3rd to Friday 7th of October, 2011.
A Will is not something that should be done at the last minute. It is an important document that should be given a lot of thought to ensure that your loved ones are provided for in the best possible way after your death.
We will be taking part in “Best Will in the World Week” which runs from Monday 17th to Friday 21st of October, 2011 in conjunction with www.mylegacy.ie.
Even a cursory glance at the headlines in a newspaper on any given day will prove just how topical social media sites are. Just a few short years ago the words Facebook, Bebo and LinkedIn were not even in our vocabulary, now they are in everyday use.
The new European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 came into force in Ireland on 1st July 2011. The regulations implement a European Directive and bring in new rules on cookies in respect of websites.
The Multi-Unit Developments Act 2011 was signed into law on 24th January 2011 and became fully operational on 1st April 2011. The Act provides a statutory framework for the operation and governance of multi-unit developments and addresses problematic issues between developers and home owners, such as transferring common areas, completion of developments, duties of home owners and developers, service charges and dispute resolution.
The High Court judgment and supplementary judgment of Ms Justice Finlay Geoghegan in the J.D.Brian Limited (In Liquidation) case (also referred to as the Belgard Motors case) has brought the issue of priority of claims in liquidation into the spotlight in Irish law. It will be a cause of some concern for the holders of floating charges, primarily financial institutions.
Legal 500, the esteemed legal directory of top ranking legal firms, published the latest 2011 EMEA edition in May 2011. Our submissions were once again successful due to our client’s continued support and we continue to rank amongst the top legal firms in Ireland. Many thanks to all of our clients who have acted as referees for us. You can view Legal 500’s comments in respect of HOMS on their website www.legal500.com .
We were delighted to win the tender to become one of the eleven firms of solicitors on the panel of advisors to IDA Ireland. The three year contract commenced in June 2011. The contract is for the provision of legal services in respect of general legal advice, litigation and judicial review, competition law, public procurement, venture capital funds and debt collection. For more information on foreign direct investment, please contact George Kennedy, Solicitor, Corporate and Commercial Department.
We were delighted to award this year’s Holmes O’Malley Sexton Scholarship to University of Limerick law student Susan Rohan. The scholarship is awarded every year to the University of Limerick final year law student who achieves the highest grades. Susan is pictured here with the Hon Mr Justice George Birmingham, Harry Fehily, Managing Partner, and the Hon Ms Justice Mary Finlay Geoghegan.
Last year our Corporate and Commercial Department was invited to make presentations to the Franchise Acceleration Start Up Training (FAST) Programme, National Franchise Centre at Limerick Institute of Technology, O'Connell Street Campus. We presented on a number of issues including consumer law and key issues arising in franchise agreements.
Congratulations to Derek Walsh, HOMS Legal Assistant, for completing a 42km marathon in just over four hours for St. Gabriel’s Dooradoyle, Limerick. The marathon was run in the midnight sun of Norway after Derek had undergone months of intensive training. Derek raised approximately €1,500 for a local cause which provides support for children with sensory and physical disabilities, such as providing a therapeutic hydrotherapy. Further congratulations also to go to Derek for recently qualifying as a solicitor.
We were delighted to host Limerick Chamber’s reception with Mr Phil Hogan TD, the Minister for the Environment, Community and Local Government, for the business community on Friday 20th January 2012.
The Qualification and Quality Assurance (Education and Training) Bill 2011 was published on 21st July 2011 and was presented to the Oireachtas by the Minister for Education and Skills.
Following a period of reflection after his recent serious illness, H. Pat Barriscale has decided to retire as a partner from HOMS to aid his convalescence and recovery. Pat wishes to thank all the clients who have supported him and the firm during his 31 years at HOMS.
Holmes O’Malley Sexton are delighted to help school rugby in Munster by sponsoring the local Ard Scoil Rís Senior team for the next two years.
Robert Kennedy, a Litigation Partner in the firm, was the Senior Rugby Team Captain when Ard Scoil Rís first played in the Senior Cup under the legendary coach Des Harty.
Another Holmes O’Malley Sexton Partner, Robert Bourke, has close connections with the school in that he has sons in both the Ard Scoil Rís Senior and Junior Cup panels.
Holmes O’Malley Sexton and its staff are committed rugby supporters with involvement in nearly all the Limerick Senior Rugby Clubs.
Holmes O’Malley Sexton are delighted to be one of the founding donors to the Limerick Institute of Technology (LIT) Enterprise Ladder Fund (ELF). This is the first Limerick based seed fund. ELFs objective is to invest funds to assist Limerick start up businesses, thus supporting entrepreneurship and job creation in the area.
Legal 500, the esteemed legal directory of top ranking legal firms, published the latest 2012 EMEA edition in April 2012. Our submissions were once again successful due to our client's continued support and we continue to rank amongst the top legal firms in Ireland.
The High Court recently approved a settlement of €11.5m to 10 year-old Cullen Kennedy who suffered catastrophic injuries as a result of a road traffic accident in 2008.
The Protection of Employees (Temporary Agency Work) Act, 2012 was signed into law on 16th May 2012. The Act requires hiring employers to treat temporary agency workers no less favourably in relation to basic working and employment conditions than if they had been hired directly by the hiring company.
Congratulations to Frank Wall, trainee solicitor at Holmes O’Malley Sexton for winning the National Negotiation Competition. On Friday 11 May 2012, a team of Law Society of Ireland trainee solicitors, Frank Wall and Deirdre Toner, won the National
Irish Association of Supported Employment Awards (IASE) honours HOMS and our employee, Kieran Moriarty, with an award for being a finalist in the Employee of the Year Category. The awards are to pay tribute to those employers and employees involved in making equal employment opportunities a reality for people with disabilities.
The winners of Limerick Institute of Technology's Limerick Enterprise Acceleration Platform (LEAP) Programme Business Awards were announced at the awards ceremony on Thursday 5th July 2012. The ceremony was attended, amongst others, by Jan O'Sullivan TD, Minister of State (Department of Environment, Community and Local Government with special responsibility for Housing and Planning), Jerry Moloney, Regional Director Mid West Enterprise Ireland, and Gordon Kearney, President of Limerick Chamber of Commerce.
The managing partner of law firm Holmes O’Malley Sexton is developing a niche base in Dublin, away from its Limerick roots, writes Caroline Madden.
On the day we meet, Harry Fehily is just back from his first ever trip to New York. Apart from the standard Big Apple experiences – staying in the Irish enclave that is Fitzpatrick’s Hotel, eating in the famous River Café in Brooklyn – the managing partner of Limerick law firm Holmes O’Malley Sexton (Homs) also brushed shoulders with a favourite lecturer from his student days – none other than the “very colourful, very erudite” President Michael D Higgins.
The Road Traffic Act 2010 which came into force on various dates in 2010 and 2011 has introduced significant changes to the law in relation to intoxicant offences in Ireland. Not only have the various limits been reduced but a new class of driver known as a “specified person” has also been created. The most radical change of all, however, is the provision for the disposal of certain intoxicant offences by fixed penalty notice which was unheard of to date. Prior to the introduction of the 2010 Act, disqualification was mandatory in the event of a conviction for drunken driving.
Holmes O’Malley Sexton’s Insolvency and Corporate Recovery unit have been ranked in Chambers Europe 2012 as a leading firm.
The first part of the draft Companies Bill (referred to as pillar A) was published in 2011. It is envisaged that the second part (pillar B) will be published in late 2012 or early 2013 and that the bill will be signed into law in 2013 or 2014. The intention of the draft Bill is to consolidate and modernise Irish company law which, to date, has been updated on a piecemeal basis since the enactment of the foundation Companies Act in 1963.
The general rule is that a creditor who successfully petitions the court to wind up a company is entitled to its costs ranking pari passu. However the position on costs is less clear where a winding up order is not made, for example, where the debt is paid between the date of the petition and the court hearing.
The Civil Law (Miscellaneous Provisions) Act 2011 makes changes to the bankruptcy laws. The most fundamental of those provisions came into force on 10 October 2011. There is a reduction of the application period to the court for discharge from bankruptcy from 12 years to 5 years.
The EC Convention on the Law Applicable to Contractual Obligations (1980) originally regulated the situation where a contract could be subject to the laws of two or more EU States. The Convention has now been converted into a Regulation (immediately enforceable in all Member States) which provides that
In a recent High Court employment law case, the judge ruled on whether the directive establishing a general framework for equal treatment in employment and occupation could prohibit the State from maintaining a retirement age of 65. A radiographer employed by the Health Service Executive
The Protection of Employees (Temporary Agency Work) Act, 2012 was signed into law on 16th May 2012. The Act requires hiring employers to treat temporary agency workers no less favourably in relation to basic working and employment conditions than if they had been hired directly by the hiring company.
Holmes O’Malley Sexton recently acted for the receiver in the High Court case McEnery v Sheahan. This is the most recent in a series of cases including Start Mortgages, Kavanagh v Lynch and EBS v Gillespie, dealing with the impact of the repeal of certain legislative provisions by the Land & Conveyancing Law Reform Act 2009 (the “2009 Act”).
Technology is evolving at a faster pace than ever before and, while the concept of cloud computing has developed over a long number of years, its application in business and recreation use has increased exponentially over recent years. This presents huge opportunities for users but also presents significant legal challenges for users, lawmakers and regulators alike.
Holmes O'Malley Sexton, Solicitors in Dublin and Limerick are running a Charity Wills Month during September, 2012.
Make or update your Will with us during Wills Month and in return we ask you to make a donation to a registered Irish charity. Donation: a minimum of €100 payable to the charity of your choice for a basic Will and advice.
We are delighted to have achieved and maintained the Legal Quality Standard (LQ) (a legal quality standard recognised by the Law Society of Ireland). We first obtained the LQ in 2010 and we went on to obtain the LQ advanced standard. In the LQ Advanced recent audit HOMS achieved a grade of 97%. This is the highest certification ever awarded to a firm.
Ms. Justice O’Malley recently delivered a decision in the case KA v Health Service Executive in respect of an application by the latter for an extension of an Interim Care Order. The High Court in particular addressed the issue of the evidence required in an application for an extension of an interim care order.
Officials from Ireland and Vietnam met on the 24th September 2012 to sign an agreement on inter-country adoption that allows resumption of adoptions between the two countries after they were suspended in 2009. The agreement was signed by Dr Nguyen Van Binh, for the Vietnamese Central Authority, and by Dr Geoffrey Shannon in the presence of Minister for Children Frances Fitzgerald.
We were delighted with the success of our recent seminar and workshop which we held at our offices on Friday 8th June 2012. Sarah Ryan, Solicitor, Family Law Unit and Donal Creaton, Partner, hosted the event. The seminar was presented to social workers and management of the Health Service Executive in Limerick, Clare and Tipperary working in the area of childcare. Donal Creaton introduced and chaired the event.
Caroline Browne, Solicitor in our Wills and Probate Unit, recently provided advice for an Irish Independent article in ‘Living’. The article by John Hearne, ‘Where there’s a will...there’s also peace of mind for your loved ones’,
Holmes O’Malley Sexton’s Corporate & Commercial Department are looking forward to providing legal support to Niche Protein, the winner of the Irish Innovation Showcase 2012 Pitchcrawl Competition, as an element of the €25k prize won by Niche Protein includes a legal advisory services voucher from Holmes O’Malley Sexton.
Holmes O’Malley Sexton were delighted to host a Dinner and Presentation on “Ireland’s Economy and Debt Overhang” by John Moran, Secretary General, Department of Finance. The event was held in Stephen’s Green Club, Dublin on 4th October 2012. Managing Partner Harry Fehily and Partners Donal Creaton,
We are delighted to have again been invited to present seminars to the Franchise Acceleration Start Up Training (FAST) Programme (National Franchise Centre at Limerick Institute of Technology) and the Limerick Enterprise Acceleration Programme (LEAP) of Limerick Institute of Technology’s Enterprise Ladder. George Kennedy, Solicitor in our Corporate & Commercial Department, presented in September and October 2012 on a number of legal issues including consumer law and key issues in franchise agreements.
We were delighted with the success of our Charity Wills Month in September 2012. Robert Bourke, Partner, and Caroline Browne, Solicitor, advised and prepared Wills and updated Wills for existing and new clients. In return clients were asked to make a minimum contribution of €100 to a charity of their choice.
Amendments are planned to the Child Care (Amendment) Act 2007 to allow childcare cases in courts to be reported for the first time. Dr Carol Coulter, the former legal affairs editor of The Irish Times, will be part of this research project. The reports will ensure anonymity of the parties involved.
The High Court judgment of Mr. Justice Feeney in McEnery v Sheahan (in which the firm acted for the receiver, Brian McEnery of BDO) is the most recent in a series of cases dealing with the impact of the repeal of certain legislative provisions by the Land and Conveyancing Law Reform Act 2009 (the “2009 Act”). The court held in this case that in relation to a mortgage created prior to 1st December 2009, the right or power of a mortgagee to appoint a receiver under the provisions of the Conveyancing Act 1881 (the “1881 Act”) survived the repeal of the 1881 Act by the 2009 Act.
Section 26 of the Civil Liability and Courts Act, 2004 (“Section 26”) empowers a court to dismiss a plaintiff’s claim if it has found that they have given deliberately false or misleading evidence in any material respect. A recent example of such a dismissal occurred in the case of Billy Nolan v Danny Mitchell and Patrick O’Neill  when Mr Justice Esmond Smyth delivered his judgment at the High Court on 20th January 2012.
Financial mis-selling can apply to all financial products such as loans, payment protection policies, life insurance, investment products etc. Financial products should only be recommended after taking into account each individual customer’s needs. Criteria to be taken into account include a customer’s stage in life, the risk profile of any investment, employment status, means and health.
To date, the protection of whistleblowers in the employment context has been dealt with through a range of legislation and on a sector by sector basis. However, this new bill applies across all sectors. Its aim is to provide for the protection of workers who make disclosures of certain information in the public interest.
The Nursing Homes Support Scheme Act 2009 (“the Act”) came into operation in its entirety on 27th October 2009. It provides the legislative basis for the financial support scheme for those requiring long-term residential nursing care, commonly referred to as ‘the Fair Deal Scheme’.
There have been new developments in respect of the regulations on cookies. We wrote about cookies previously in our article ‘New Rules on Cookies’ in HOMS News Issue 2 2011. The European advisory body Article 29 Data Protection Working Party has issued opinions on Cookie Consent Exemption and Online Behavioural Advertising.
A recent High Court decision confirmed that a request for access to personal data under the Data Protection Acts 1988 and 2003 (as amended) (the “DPA”) was incorrectly denied by a data controller even though the subject matter of the request may be used as evidence in court proceedings between the person making the access request and the data controller. In this case an alleged accident took place on a Dublin Bus vehicle.
Recent prosecutions in relation to breaches of data protection legislation are proving to be costly to businesses and is a reminder for organisations and companies to ensure compliance. In February 2012 three large insurance companies pleaded guilty in the Dublin District Court to ten charges of breaches of the Data Protection Acts 1988 and 2003 (as amended) (the “DPA”) in respect of unfairly processing and obtaining personal data.
Many fathers and indeed cohabiting couples who are not married to each other are under the mistaken impression that the placing of the father’s name on the child’s birth certificate automatically gives guardianship rights to the unmarried father. This is not the case under Irish law.
We were delighted with the success of our recent Moot Court and Presentation held at our offices on Friday 4th January 2013. Sarah Ryan and Aisling Carr, Solicitors and Donal Creaton, Partner hosted the event. This event followed the success of our initial Childcare Law Seminar hosted on the 8th June last.
The Minister for Justice has announced that the government has approved plans to introduce new legislation to deal with catastrophic injury cases. The legislation will allow the courts to make periodic payment orders which they have not been able to make to date.
Donal Creaton, Partner, Litigation Department was delighted to be invited to present a seminar to the Insurance Institute of Ireland on 19th September 2012.
We were delighted to award this year's Holmes O'Malley Sexton Scholarship to University of Limerick law and accounting student Anita Parker. The scholarship is awarded every year to the University of Limerick final year law student who achieves the highest grades. Anita is pictured here with Harry Fehily, Managing Partner.
Harry Fehily, Managing Partner, and Donal Creaton, Partner, attended the University of Limerick Foundation’s 2012 Business & Finance Awards. The event was celebrating ‘25 Years of the IFSC (International Financial Services Centre)’ and was held on 18th December 2012.
HOMS were proud to be one of the sponsors of the Limerick Chamber Midwest Region Business Awards 2012. The aim of the awards is to “give businesses a platform to showcase their accomplishments.” The award ceremony took place at Limerick Chamber President’s Dinner on Friday 16th November 2012 at the Limerick Strand Hotel. Minister for Finance, Michael Noonan TD, attended as a guest speaker. We were a member of the judging team who reviewed all categories.
We are delighted to have achieved and maintained the Legal Quality Standard (LQ) (a legal quality standard recognised by the Law Society of Ireland).
In support of a new and vital cause in the Munster region, HOMS employees are running for Pieta House (a suicide and self harm crisis centre) in the Great Limerick Run on Sunday 5th May 2013. Good luck to all of the participants!
Holmes O’Malley Sexton’s Insolvency and Corporate Recovery unit have been ranked in the 2013 edition of Chambers and Partners Europe.
Legal 500, the esteemed legal directory of top ranking law firms, has published the latest 2013 EMEA edition. We have again been ranked as one of the best firms in Ireland in practice areas such as Banking and Finance, Construction, Corporate and Commercial, Dispute Resolution, Employment, Insolvency and Corporate Restructuring, Insurance, Planning and Environment, Public Sector and Real Estate.
Holmes O'Malley Sexton was named the Munster Provincial Law Firm of the Year at the inaugural National Irish Bank Irish Law Awards at a ceremony at the Shelbourne Hotel in Dublin on 4th May 2012. These prestigious awards were introduced this year in order to recognise and celebrate excellence in the legal profession in Ireland.
We are pleased to welcome and introduce to you George Kennedy, who recently joined our Corporate and Commercial Department in October 2011 from A&L Goodbody Solicitors, where he worked since 2005. George is a solicitor and registered tax consultant and has particular expertise in corporate acquisitions and disposals,
HOMS were delighted to be one of the sponsors to the Limerick Chamber Presidents Dinner, which incorporates the Limerick Region Business Awards 2011, on Friday 21st October 2011. Richard Bruton TD, Minister for Jobs, Enterprise and Innovation, was the guest speaker at the black tie dinner and awards which were held at the Limerick Strand Hotel. Congratulations go to the winners of the Limerick Region Business Awards (further
The Courts and Civil Law (Miscellaneous Provisions) Act 2013 (the Act) passed all stages of the Oireachtas on the 18th July 2013 and was signed into law by the President on the 24th July 2013.
The Act provides for increases in the limits of the jurisdictions of both the District and Circuit Courts which have remained unchanged since the coming into force of the Courts Act 1991.
Recent figures from the Law Society of Ireland show HOMS among the 20 largest law firms in Ireland. The figures are based on the number of practising certificates held for solicitors in each law firm. Of the firms ranked in the top 20, only two, one of which is HOMS, have a presence outside of Dublin in Ireland.
We were delighted with the piece that Limerick Leader published in the Business Leader section of the newspaper on Saturday September 14 2013 regarding the continued expansion and growth of HOMS. The article is reproduced below. Many thanks to Limerick Leader for their kind permission to reproduce this article and photograph.
As the government continues with its austerity programme some of the measures introduced in Budget 2014 will have a financial impact on employers.
There has been a significant development in Supreme Court procedure. The Supreme Court has issued a Practice Direction to allow for parties’ written submissions in respect of appeals or any Supreme Court matter to be made available to any member of the public upon request. This applies to written submissions made on or after 7th October 2013 only.
The absence of regulation in relation to surrogacy has recently come to the fore in Ireland via the case of MR & Ors –v-An t-Ard Chlaraitheoir, Ireland and the Attorney General.
Thank you to all our employees who have recently organised charity events. Aisling Carr, Solicitor, Ita Barrett, Legal Executive, and Ailbhe Storan, Trainee Solicitor, held coffee and cakes mornings in HOMS to raise funds. Ailhbe and Natalie Joyce also completed sponsored half marathons.
HOMS are committed to supporting and advising social enterprises and charitable concerns. We have recently been involved in advising Just Social and Occupy Space on a pro bono basis.
HOMS are proud to be one of the sponsors of the Limerick Chamber Regional Business Awards 2013. The aim of the awards is to “give businesses a platform to showcase their accomplishments.” The award ceremony will take place at the Limerick Chamber President’s Dinner on 15th November 2013 at the Limerick Strand Hotel.
Holmes O’Malley Sexton were very proud that one of their trainee solicitors, Frank Wall, was a member of the team representing the Law Society of Ireland which came second in the recent international law school mediation tournament hosted at Blackhall Place, Dublin. The annual tournament involved 36 teams from several countries including the U.S., Canada, Great Britain, and India.
The High Court judgment of Mr. Justice Clarke in Ulster Bank Ireland Limited v Louis Roche & Another dealt, principally, with the extent to which a bank may find itself unable to rely on a banking contract (in this case, a guarantee) where it can be shown that the contract was entered into as a result of the exercise of undue influence by a third party not directly connected with the bank.
Child and vulnerable adult protection issues are increasingly at the forefront of media and government discussions. The government is in the process of enacting a suite of legislation to put in place measures to help better protect children (those under the age of 18) and vulnerable adults from abuse.
The Run-off Fund provides run-off cover for legal firms ceasing practice who meet relevant criteria under the regulations. HOMS are instructed by Capita the manager of the Run-off Fund.
In our last newsletter, issue 2 2012, Tríona Walsh, Solicitor, highlighted a case where the High Court dismissed a deliberately exaggerated claim under section 26 of the Civil Liability and Courts Act 2004 (“the 2004 Act”). Since then, the courts have dismissed a further number of cases where
Recent case law in the field of health and safety law show that failings by directors and senior management of companies are increasingly leading to the criminal prosecution of not only their companies but also them personally as individuals.
The Minister for Jobs, Enterprise and Innovation, Richard Bruton T.D., announced on October 11th, 2013 that it is planning new legislation to allow examinership applications to be heard in the Circuit Court in a bid to reduce the costs associated with the process.
We are delighted with the results of our recent Legal Quality Standard audit and are particularly pleased that we have again been certified for the Q6000 Risk Management Legal Quality Standard.
This year we were delighted to award the annual Holmes O’Malley Sexton Student Scholarship prize to John Crowley who attained the highest grade in law and accounting. The presentation was made by Judge Daniel Herbert of the High Court at a ceremony held in the University of Limerick on 29th October 2013. HOMS wish John every success in his future career.
HOMS were delighted to sponsor the Women’s Right Conference at the University of Limerick, on November 25th 2013, held by the University of Limerick Student Law Society. The conference was to mark the International Day for the Elimination of Violence Against Women. The conference was also organised with the assistance of the Centre for Criminal Justice.
The maximum amount of damages for mental distress that can be awarded to the dependants of a deceased person in wrongful death cases was increased from €25,394.76 to €35,000 with effect from 11th January, 2014. This is a total sum to be divided between all dependents of a deceased individual.
The Courts and Civil Law (Miscellaneous Provisions) Act 2013 (Jurisdiction of District and Circuit Court) (Commencement) Order 2013 was signed by the Minister for Justice on the 18th December 2013. This Order establishes the 3rd February 2014 as the commencement date for the new monetary jurisdictions of the civil courts.