Other Languages
Berwick on Facebook
#brexit #courts
Lawyer taking Brexit escape route case in Irish courts confident of success
irishtimes.com
‘Whichever way you slice the apple you find worms in it,’ says Jolyon Maugham QC
Thinking of getting a divorce? Here are some tips you need to know. For more information or to arrange a consultation, email info@berwick.ie or call 091 567545.
Obtaining a divorce in Ireland through the courts, allows both parties to a marriage to remarry or enter into a civil partnership. Once the court is satisfied that the required conditions are met, the court will grant the decree of divorce dissolving the marriage. When it grants the decree of divorce, the court may also make orders in relation to custody of children and access to them , the payment of maintenance and lump sums, the transfer of property, the extinguishment of succession rights, pension rights, etc.
The main difference between a divorce in Ireland and the other options below is that there is a legal requirement that in order to obtain a divorce, both parties have been living apart from each other for a period of 4 years out of the preceding 5 years.
In any application for a decree of divorce, the court can review any previous arrangements made by the parties such as a separation agreement or judicial separation particularly if the circumstances of either party has changed.
When a decree of divorce is granted, it cannot be reversed. Either party can apply to court to have any other orders made under the decree – such as maintenance – reviewed by the court.
Before a court can grant a divorce in Ireland, the following conditions must be met:
The parties must have been living apart from one another for a period amounting to four out of the previous five years before the application is made.
There must be no reasonable prospect of reconciliation.
Proper arrangements must have been made for the parties and any dependent members of the family.
The Avoidence of mistake and medical negligence
/in News from Berwick Solicitors, Galway and Dublin /by wwmMistakes can be made by medical personnel but if these mistakes are avoidable and result in the alteration to the health or life of a patient, you may be entitled to compensation, writes Martin Kerrigan, Solicitor at Berwick Solicitors.
Medical Negligence (or Clinical Negligence, as it is also called) occurs when a doctor or a medical practitioner is guilty of acting in a manner which is below the standard to be expected of such a medical person resulting in consequential injury to the patient. These negligent acts can vary from a failure to read a scan correctly to a failure to diagnose a patient and even surgical errors. …
Read full article from Galway Independent newspaper
What is Medical Negligence?
/in News from Berwick Solicitors, Galway and Dublin /by wwmMistakes can be made by medical personnel but if these mistakes are avoidable and result in the alteration to the health or life of a patient, you may have a claim, writes Martin Kerrigan, Solicitor at Berwick Solicitors.
Medical Negligence(or Clinical Negligence, as it is also called) occurs when a doctor or a medical practitioner is guilty of acting in a manner which is below the standard to be expected of such a medical person resulting in consequential injury to the patient …
Read full article from Galway Independent newspaper
Inquests and The Coroner’s Court
/in News from Berwick Solicitors, Galway and Dublin /by wwmA good solicitor will help bereaved families deal with the legalities involved in inquests and proceedings at The Coroner’s Court, writes James Seymour Partner at Berwick Solicitors.
Solicitors are often asked to assist the family of a person who has been tragically killed in an accident. This often involves attending at The Coroner’s Court or at an Inquest and preparing any legal documentation required for those proceedings. At such a traumatic time, it can be overwhelming for a family so it is important that you have good legal representation to guide you through the process…
Read full article from Galway Independent newspaper
Accidents at work – Is it the employee’s fault?
/in News from Berwick Solicitors, Galway and Dublin /by wwmEmployers owe their staff a reasonable duty of care to ensure that they do not suffer a personal injury while at work. However, employees must also exercise reasonable care to minimise the risk of injury, writes, writes solicitor Martin Kerrigan.
Contributory Negligence happens when an injured person is considered to be partly at fault for their injury. The level of fault attributed to the injured employee for their actions, depends on the circumstances of the case. Examples include an employee’s age, the position he or she holds and his or her level of experience….
Read full article from Galway Independent newspaper..
Getting a Divorce
/in News from Berwick Solicitors, Galway and Dublin /by wwmIrish courts have a number of requirements before they will grant a couple a divorce, writes David Higgins, Partner at Berwick Solicitors.
Marital breakdown is never easy but unfortunately, it is an occurrence in many homes across Ireland. For couples wanting to go their separate ways, divorce allows both parties to move on and indeed remarry if either should so wish.
There are a number of requirements which must be met before a court will grant a decree of divorce. Both spouses must have been living apart from one another for a period of four out of the previous five years however, it is possible that the spouses have been living in the same house but…
Read full article here.
Scaling the mountain of debtors
/in News from Berwick Solicitors, Galway and Dublin /by wwmTackle outstanding debts as early as possible, writes James Seymour, Solicitor.
Cash flow has never been as important for small businesses. The economy is on the up but the legal profession is now hugely engaged in debt recovery because of demand from businesses to collect outstanding monies due to them. Until the books are balanced, many companies remain in belt-tightening mode. Smaller businesses and sole traders are often low down in the pecking order for payment due to the Revenue Commissioners, secured creditors and employees taking priority in the payment scale.
This somewhat unfair pecking order continues to mean that many businesses have to write off debts owed to them…
Read full article here.
Divorce & The Family Farm
/in News from Berwick Solicitors, Galway and Dublin /by wwmSeparation, divorce and maintenance can have significant implications for the family farm, writes DavidHiggins@berwick.ie, Partner at Berwick Solicitors.
While separations and divorces are always difficult, they can take on an entirely different level of complexity when a family farm is at stake. The fear of divorce by farming families and the impact divorce can have on generations of farming has often been met with reluctance and delay of farming parents to pass the farm onto their children, leading to uncertainty for many young farmers. …
Read full article here.
Bouncy Castles and Trampolines – A Word of Warning
/in News from Berwick Solicitors, Galway and Dublin /by wwmBeware of the dangers of bouncy castles for children’s birthdays and events, writes EmerMulry@berwick.ie, Personal Injury Solicitor.
Having witnessed his employee’s enjoyment while jumping on inflatable tennis covers back in 1959, Louisiana’s John Scurlock, a mechanical engineer by profession, came up with the idea of inventing what we know today as the bouncy castle. As much as he wanted to bring joy to families and children worldwide, its unlikely that he could have predicted the range of hazards that are associated with such fun. As communion and confirmation season quickly approaches, bouncy castle providers look forward to a spike in demand…
Read full article here.
Judicial Separation – What You Need to Know
/in News from Berwick Solicitors, Galway and Dublin /by wwmWhen a marriage breaks down and there is no prospect of reconciliation, many couples opt for a judicial separation to agree the terms of living arrangements and access for children of the marriage.
A decree of judicial separation removes the obligation on a couple to co-habit.Where a marriage has irretrievably broken down, many couples opt for a judicial separation to sort matters between them before they apply for a divorce. It is useful where there are contentious matters surrounding access and maintenance regarding children, the transfer of property and the extinguishment of succession rights, for example. A couple must be living separate and apart for four out of the previous five years before they can apply for a divorce. That period can be lengthy for many couples and so, a judicial separation is helpful in resolving matters until a divorce…
Read full article here.
Suing For Mistakes
/in News from Berwick Solicitors, Galway and Dublin /by wwmIf you have su ffered a loss as a result of a professional or expert who fell below their duty of care to you in their services, you may have a claim, writes James Seymour, Solicitor.
Professional negligence is where a professional person who is engaged by a client fails to exercise the skill and knowledge reasonably to be expected of an ordinary professional in that field of expertise.
A claim for professional negligence usually arises where that failure on behalf of the professional results in the client suffering a loss. Such a claim also known as a professional negligence suit. These pertain to mistakes made by professionals such as engineers, accountants, quantity surveyors, estate…
Read full article here.