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The Assisted Decision-Making Capacity Act 2015 was signed into law by the President in December 2015.   To date only limited provisions have been commenced.    S.I. 515 / 2006 and S.I. 517 / 2006 brought into operation provisions to enable the recruitment of the Director of the Decision Support Services and the establishment of a multi-disciplined working group to make recommendations to the Director in relation to codes of practice. The Act repeals the Lunacy Regulations (Ireland) Act 1871 and will replace the Powers of Attorney Act 1996. Section 3 of the Act provides for assessment of the Relevant…

Various Types of Road Traffic Accidents Motorbike and Bicycle Accidents Car or Public Utility Vehicle Collisions Hit and Run Accidents Accidents Involving Uninsured Drivers Accidents Involving Heavy Duty Vehicles Road traffic accidents are commonplace and can happen even to the most careful driver. Accidents are traumatic and the aftermath is both physically painful and mentally stressful. Giles J. Kennedy & Co. can provide advice and assistance during this difficult time. Guidelines to Keep in Mind if a Road Traffic Accident Occurs Keep your presence of mind and do not panic – It’s difficult to keep a clear head during a…

The law in relation to debt, debt management and bankruptcy in Ireland has changed over the last number of years.   While this article focuses on how to claim bankruptcy in Ireland , bankruptcy is just one option.  Depending on the level of debt, income and assets involved individuals may consider a Debt Relief Notice (DRN), a Debt Settlement Arrangement (DSA) or Personal Insolvency Arrangement (PIA).  These processes are managed by an approved intermediary or a Personal Insolvency Practitioner (PIP). Debts for Bankruptcy While personal cash loans, business, family, revenue debts, guarantees, unsecured portion of property and trade debts together with…

The sittings of the Supreme Court and the sittings in Dublin of the High Court shall be four in every year, viz. the Michaelmas sittings, the Hilary sittings, the Easter sittings and the Trinity sittings. The Michaelmas sittings shall begin on the first Monday in October and end on the 21st December; the Hilary sittings shall begin on the 11th January and end on the Friday of the week preceding the Easter vacation; the Easter sittings shall begin on the Monday of the week following the Easter vacation and end on the Thursday preceding Whit Sunday; and the Trinity sittings…

Making a will is one of the most important decisions that you will ever make. As a legal document, it ensures that proper arrangements are made for family and friends, and that your estate is distributed in the way you wish after you die, subject to certain rights and conditions. With so many benefits associated with this important process, the decision to make a will should be straightforward. However, only three in every ten Irish adults have made a will. If your wishes are not expressed in a will, then the law (called Succession Law) determines how your estate is…

The Workplace Relations Act was signed into law by the President on the 20th of May 2015.   The Workplace Relations Act 2015 (Commencement) Order 2015 was signed by Richard Bruton Minister for Jobs, Enterprise & Innovation on the 31st of July 2015.   The Order provides for the commencement of certain technical and operational provisions of the Workplace Relations Act 2015 from the 1st August 2015 in advance of the establishment of the new Workplace Relations structures on the 1st of October 2015. What is The Workplace Relations Act 2015 The Act represents a major change in the administration of…

The Companies Act 2014 was signed into law by the President on the 23rd December 2014 and came into effect on the 1st June 2015 by way of Commencement Order, SI 169 of 2015. The Act consolidates the existing Irish Companies Acts and many of the related statutory instruments into a single statute.   The aim of the Act is to both simplify and reform the existing company law.  The Act governs all forms of companies from new private limited company , designated activities company, public limited company, unlimited companies etc.    The 2014 Act consists of 1448 sections and 17 schedules…

The firm of Giles J. Kennedy & Co. have recently been approached by a number of Irish Standard Life shareholders.  In late 2014 the company widely advertised their decision to return value to its shareholders. Subsequently Capita, the company’s share registrar managing the process, issued documentation which allowed shareholders opt for payment either as capital or income, or a combination of both.  If a shareholder selected the capital option, the payment was subject to capital gains tax at a rate of 33%, subject to an exemption in respect of gains of €1,270 or less.  However under the income option, the…

Although a jury is not required in every legal case, the jury continues to fulfil a very important function in the Irish legal system.   While the majority of civil cases such as personal injuries actions, commercial disputes and family law cases are heard and decided by a Judge, other cases most notably defamation claims can be dealt with by a Jury at the option of the parties. The jury consists of 12 members of the public and the jury must reach its verdict based solely on the evidence given to the Court.    The jury does not interpret the law. When…

2014 Hilary sittings 13th January – 11th April 2014 Easter sittings 28th April – 5th June 2014 Trinity sittings 18th June – 31st July 2014 Michaelmas sittings 6th October – 19th December 2014 2015 Hilary sittings 12th January – 18th March 2015 Easter sitting 4th April – 12th May 2015 Trinity sittings 25th May – 29th July 2015 Michaelmas sittings 3rd October – 21st December 2015