Category: Litigation

Commonage Partitioned in Buncrana Circuit Court

Today, in Buncrana Circuit Court, on an application by Donal McGuinness BL, instructed by MacBride Conaghan, commonage was sub-divided by Judge John O Hagan in what may be one of the first cases in the County seeking Partition under the 2009 Land Act.  With Commonage issues in the news due to worries of financial corrections

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Insolvency guidelines

The weekend papers headlined that parents would have to stay at home as high childcare costs would not be counted as legitimate debt and neither would private healthcare. This may become the case but to date the guidelines on the new Insolvency legislation await publication. While the law has passed the structures have yet to

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Erne Fishery Case 1927

The Erne Fishery case, also known as ‘The Kildoney Men’s Case’,  was a court action by local fishermen in the Ballyshannon area for the right to fish in the Erne Estuary. The case instigated  on or about the 15 February 1927 ended in victory for the fishermen on the 31 July 1933. Locals are this

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Publication of Courts Bill 2013

The Minister for Justice, Equality and Defence, Mr Alan Shatter T.D.,  yesterday announced the publication of the Courts Bill 2013. The Bill has two purposes, the first of which is to modify the in camera rule which prevents members of the public, including the news media, from being present in court when family law and

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New Monetary jurisdiction for the courts

  The Minister for Justice, Equality and Defence, Mr Alan Shatter T.D., today announced the publication of the Courts Bill 2013.The Bill has two purposes, the first of which is to modify the in camera rule applicable to Family Law.  The second purpose of the Bill is to increase the monetary jurisdiction limits of the

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Bankruptcy Benefits

With the 12 year automatic discharge period cut to 3 years, there are Benefits in bankruptcy as a debt settlement remedy: Fees for legal advice and negotiation are provided for as part of process. The stigmatisation is diluted as the Economic Crash is seen as the cause. Fresh start, the bankrupt’s debts are wiped out.

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Noise Nuisance

NOISE constitutes a nuisance, when it is an unreasonable interference with a person’s right to such enjoyment of property, as would be expected by any ordinary person. Public nuisance is generally when three or more residents are affected and report the nuisance incidents. If your neighbours are interfering with your enjoyment of your property, you

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Business in the Small Claims Court

New rules, which came into effect on 11, January 2010, facilitate claims in the Small Claims Court from a business against another business for goods or services not exceeding is €2,000.  Previously, the Small Claims Court only dealt with cases regarding the supply of goods and services by a seller/supplier to a consumer. Now a

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