Legal Updates

Things to watch out for when buying a new build

Buying a new build in a housing development comes with its own peculiarities. The first issue is the most obvious; the house you are buying often does not exist. As such you will be relying on specifications, maps, plans and documents.

Unlike a buying a pre-owned house, a new build will usually come with two “contracts”, one for the land, and one “building agreement” which deals with the relationship between you and the builder.

In general there is less to go wrong from a “title” point of view when buying in a new build. The title to a housing estate will generally […]

By |2024-03-17T16:57:41+00:00March 17th, 2024|

Questions arise over Data Protection and the Decision Support Service

Earlier this year the Mental Health Commission & Decision Support Service (DSS) moved a longstanding legal instrument known as an enduring power of attorney (EPA) into an online format. Previously EPAs were a document created by solicitor and were for all intents and purposes a paper documents. The new EPA is one created online using a new DSS portal. Unsurprisingly it was necessary to commission an Data Protection Impact Assessment, but somewhat surprising is that the DPIA commissioned highlights a number of serious flaws, which may well open the DSS and Mental Health Commission to future litigation as well as […]

By |2023-07-22T15:19:55+01:00July 22nd, 2023|

Enduring Powers of Attorney

A new system for creating Enduring Powers of Attorney (EPAs), was introduced by the newly established Decision Support Service (DSS), in April 2023 and is proving troublesome many users. This is especially concerning for individuals less adept at using technology – who are often those most in need of an EPA.

The new obligatory online system is proving too complex and off-putting for many, including solicitors traditionally involved in the process. While we generally embrace new technology, the DSS system is not fit for purpose. Unlike other online systems (such as those developed by the Revenue Commissioners, CRO, and Dept […]

By |2023-06-09T08:25:46+01:00June 8th, 2023|

Loss of earnings in personal injuries actions

Often one of the most contentious and hard fought issues in a personal injuries action that of loss of earnings. The basic principle is that if someone is injured, and they cannot work as a result they should be compensated for their loss of income.

Assuming the medical evidence supports a claim for loss of earnings, and the loss has happened in the past (i.e. the claimant has resumed his or her duties), an accountant will generally be called on to help calculate loss of income. This can be easy to calculate (e.g. in the case of PAYE worker who had […]

By |2022-12-05T00:09:52+00:00December 5th, 2022|

HSE Data Breach – November 2022 update

On the 5th April 2002 a hacker gained access to the Stephen P. Teale Data Center in California. The nondescript data centre was used by the state to process personal data relating to state employees. In total it is said that private information relating to 265,000 state employers was compromised on that day. The existence of hack was not made public by officials until the 24th May that year.

On 6th June 2002, the Californian Senate Committee on Privacy, held an informational hearing on the incident to explore why the breach was not disclosed in a more proactive and timely fashion. […]

By |2022-11-14T13:40:29+00:00November 14th, 2022|

Wills promotion until 9th Sept 2022

For the month of August we are helping people make their wills for €150. This fee will cover taking instructions which can be done online or in person and covers all work associated with ensuring your will is properly drafted and executed. In some circumstances this fee might not be appropriate (for assistance if you need additional taxation or legal advice), but in most cases we are quite confident the reduced fee will apply.

Learn more by clicking here or calling us.

By |2022-08-02T13:44:52+01:00August 2nd, 2022|

Two for the price of one? PIABs lack of analysis for complex injuries

Having reviewed a number of awards from PIAB since the introduction of the new “Personal Injuries Guidelines” (or the PIGs as one might call them) there seems to be a clear trend from the Board in misapplying the Guidelines and undervaluing injuries. Congratulatory comments from  PIAB as to their stunning ability to reduce awards makes one worder if this paucity of analysis is intentional or purely due to a lack of experience.

One large issue arises from the requirement of the Board (and a Court for that matter) to have special care when considering the effect of multiple injuries on the […]

By |2022-07-27T23:35:29+01:00July 27th, 2022|

HSE Hack – 12 months none the wiser

We have been a little quiet with our updates on this in the last number of months. It remains something of a mystery to us why 12 months after the hack the HSE has not informed any service users that they data may have been accessed in the course of the attack. The obligation to notify data subjects of a breach is a requirement of the GDPR. To date it seems only the Mercy Hospital in Cork notified data subjects that their data was accessed, and only those whose data was placed on the “dark web” were notified. This falls […]

By |2022-06-12T23:47:11+01:00June 7th, 2022|

Limited Liability Partnership – Please note

PLEASE NOTE that with effect from 7th March 2022 (“the relevant date”):

(a) O’Dowd Solicitors has been authorised to operate, and is now operating, as a Limited Liability Partnership (“LLP”);

(b) as set out in Section 123, of the Legal Services Regulation Act, 2015 (subject to the exceptions listed therein), a partner in O’Dowd Solicitors has no personal liability for any debts, liabilities or obligations which are incurred for the purpose of carrying on the business of the LLP (whether these are liabilities of the LLP, of himself or herself, of another partner or partners in the LLP or of any employee, […]

By |2022-03-06T12:06:26+00:00March 6th, 2022|

Is PIAB really “better” for Claimants?

Our view is that without proper representaion a claimaint is walking into a lion’s den when engaging with PIAB. The system for resolving personal injuries claims in Ireland is currently broken. We would probably not have said this 24 months ago. We would have said that if your injuries were minor, if you did not have any huge loss of income, and if you were fully better after six or twelve months the Personal Injuries Assessment Board (PIAB) was likely to make a reasonably hand of your claim. This is not currently the case, and we would advise any […]

By |2021-11-21T22:39:35+00:00November 21st, 2021|
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