Cunningham Gilbourne Solicitors - Home

Archive for the 'News' Category

Leased Business Premises, the right to a new tenancy

28 Oct

  The Landlord and Tenant (Amendment) Act 1980 (The 1980 Act) as amended by the Landlord and Tenant(Amendment) Act 1994(The 1994 Act) governs the relationship between landlords and tenants of commercial premises. The legislation provides for a number of statutory reliefs particularly the the right of a tenant to renew his/her lease. The right to a new Continue Reading…

The Criminal Justice (Spent Convictions And Certain Disclosures) Act 2016

28 Jun

This Act commenced on the 29th April 2016.  The Act sets out that where a person aged 18 or older was convicted of a certain minor offence and over 7 years have elapsed since the conviction, then the conviction will be regarded as “spent” and will no longer have to be declared (unless an individual Continue Reading…

Security for Costs

4 May

    The issue of security for costs can arise in the course of civil court proceedings. Basically, security for costs is an order of the Court directing one party to provide security (either by lodging money or a bond) to cover the likely costs of the other side defending the case. The theory is Continue Reading…

Cohabitants and the Law

29 Mar

    A recent High Court case DC V DR has provided clarification in regard to the rights of co habitants who seek financial provision from the estate of their predeceased cohabitant. The right to apply for such financial provision is set out in Section 194(1) of the Civil Partnership and Certain Rights and Obligations Continue Reading…

Capital Gains Tax update

12 Feb

      An increased CGT clearance threshold of €1,000,000.00 was introduced under section 42 of the Finance Act 2015 and came into effect on the 1st January 2016.   The increased threshold applies solely to disposals of residential houses/apartments, being defined as “including any building or part of a building used or suitable for Continue Reading…

Recent Changes in Family Law

12 Feb

    On the 18th of January 2016 Frances Fitzgerald, Minister for Justice and Equality signed into law the Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2016 The key provisions enacted by the order include: Non marital fathers will, in certain circumstances, have automatic guardianship rights in respect of their children. Continue Reading…

Now is the time to make your will

3 Sep

    A will is a legal document which sets out how your assets are to be distributed after your death. The importance of making a will cannot be over emphasised. Difficulties arise where there is no will due to the fact that in the absence of having  written a will the law decides how your Continue Reading…

Judicial Separation

27 Apr

A Judicial Separation is a Court Order that provides for the breakdown of a marriage. The Court has the power to grant orders dealing with the division of property, extinguishing of succession rights, addressing guardianship, custody and access in respect of children, division of pensions. A Judicial Separation however does not grant the right to remarry. Continue Reading…

Enforcement of Judgments in EU Member States in Ireland

5 Mar

  The enforcement of judgments between EU Member states is regulated by certain Regulations including the Brussels I Regulation which was implemented into Irish Law by Statutory Instrument 52 of 2002,European Communities (Civil and Commercial Judgments)Regulations 2002 which came into force on the 1st March 2002.The Brussels Convention applies between EU Member states and Denmark. Continue Reading…

Teacher awarded €54,000.00 compensation for discrimnation

9 Feb

A primary school teacher has recently been awarded €54,000.00 in compensation by the Equality Tribunal. The school teacher who qualified in 1987 had been employed in the school as deputy principal since 2003. She applied for the position of principal and lost out to a less qualified , less experienced, younger candidate. The teacher who held Continue Reading…