Latest News & Events

Latest News & Events
Date Heading Short Description
January 2012 Problems Associated with Collaborative Practice Eugene Davy a supporter of Collaborative Law highlights some problems associated with collaborative practice View
January 2012 Transfer Regulations - the Commercial Context Explained To both interpret and correctly apply the Regulations governing transfer of undertakings is not easy, especially when managing the practical side of what actually happens when a businesses is transferring, writes Breda O’ Malley View
January 2012 Financial Services Ombudsman - An Update Our Winter 2011 Newsletter included an article concerning two recent decisions of the High Court endorsing the decisions taken by the Financial Services Ombudsman (“the Ombudsman”)... View
December 2011 Irish Dental Association’s Dispute Resolution Service – Filling the gap in the Complaint’s Procedure The Irish Dental Association has recently announced a new initiative to assist with the resolution of complaints made by patients to dentists in private practice. View
December 2011 Presidential Election Musings....Defamation, Traction and Law Was the person who devised this ballot paper flirting with defamation law? View
December 2011 COMPETITION (AMENDMENT) BILL 2011 Under the EU/IMF Agreement the Irish Government committed to introducing legislation to strengthen competition law in Ireland by ensuring the availability of effective sanctions for breaches of both EU and Irish Competition Law. View
December 2011 High Court Support for the Financial Services Ombudsman Two recent decisions by the same Judge have clarified the limited jurisdiction of the High Court to interfere with a decision of the Financial Services Ombudsman (“the Ombudsman”). View
December 2011 Divorce : Second bite at the chery reduced to a nible The Supreme Court handed down a family law Judgment of great significance on 19th October. View
December 2011 Budget 2012 In recent years, our budget update to you has been quite short and could easily be missed in our newsletter. View
December 2011 Property – what lies ahead? It has famously been said that “it is not the strongest of the species that survives, nor the most intelligent that survives. View
December 2011 The 48 Hour Working Week- Where Are We Now? A recent judgement of the Labour Court in IBM Ireland v Michelle Svoboda is instructive for employers with regard to working time. View
December 2011 White Collar Crime - Is Enough Being Done? In the midst of the many calls to a popular afternoon radio show on RTE seeking to ‘burn the bondholders’ (and everyone else however remotely connected to the ‘Celtic Tiger’), the loudest are for “those responsible” to be brought to justice. View
December 2011 What is the Position on Annual Leave Carried Over By Employees Member States can now lawfully require carried over statutory holidays to be taken within the following 15 months or else be extinguished. View
December 2011 Hayes Newsletter - Winter 2011 In Brief... Hayes Solicitors View
December 2011 Our Ladys Hospital for Sick Children, Cardiac Unit As a charity which is close to our hearts, Hayes presented a cheque to the cardiac unit of Our Lady's Hospital Crumlin View
October 2011 Newstalk Radio Interview with Eugene Davy Eugene Davy discusses on Newstalk the important implications of the recent Supreme Court Judgment in the Divorce case of G v- G Listen
October 2011 Lenders Beware A lot of confusion for Lenders surrounds the recent judgments in the cases of Start Mortgages Limited & Others v Gunn & Others and Tom Kavanagh and Fergus Lowe v Jeremiah Lynch and St Angelas Student Residents Limited. View
September 2011 Judgment creditors lose out in circumstances where judgment mortgages are registered against one co-owner of registered property The recent Supreme Court decision in Irwin v- Deasy [2011] IESC 15 has provided much needed certainty in respect of judgment mortgages over registered land which were registered prior to 1 December 2009. View
September 2011 Europe's Forced Retirees Not Going to Go Gently Anne Lyne of Hayes comments for the Wall Street Journal on the complex European system of forced retirement on age grounds. View
September 2011 Mature Teenagers: What makes them mature and should they be allowed to consent to medical treatment? The Law Reform Commissions recent report on Children and the Law: Medical Treatment published on 25 July 2011 has sought welcomed clarification on the existing law on consent to medical treatment for children under the age of 18 years and has also provided a draft Bill. View
August 2011 Welcome Reform of Management Companies Many of us who own an apartment or house in a managed estate will be aware of the ongoing problems that can be experienced with Management Companies. View
August 2011 New Mediation Rules from Europe A Judge can adjourn crossborder disputes in civil and commercial matters to refer the dispute to mediation. View
August 2011 Eugene Davy Calls for the End to Our Two-Step Divorce Law In Ireland we have a two step separation and divorce law which is enshrined in article 41.3 of the Constitution and section 5 of the Family Law (Divorce) Act 1996. View
August 2011 Expert Witneses Beware The luxury that has been afforded to expert witnesses and their enjoyment of immunity from civil suit in relation to their participation in legal proceedings has come under further scrutiny as a result of the decision of the UK Supreme Court earlier this year... View
August 2011 Cohabit with Care! New rights and obligations relating to couples that cohabit have been introduced pursuant to the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010... View
August 2011 Medical Negligence Litigation and Mediation: If the cap fits The Minister for Enterprise, Jobs and Innovation, Richard Bruton recently announced radical proposals to overhaul medical negligence litigation in Ireland... View
August 2011 Children of Jehovahs Witneses a conflict of rights? Every patient who is not incapacitated by reason of age or mental disability has the right to refuse a blood transfusion. View
August 2011 Working At Home and Abroad The relocation of staff abroad can provide an unrivalled experience for employees and practices... View
August 2011 Facebook Fired Facebook, Bebo and similar social networking sites give us an insight into social and personal lives. View
August 2011 Are You Being Watched? Surveillance of employees and the disciplinary process Employers should have a clear written policy for any lawful surveillance of employees. View
August 2011 Paid Product Placement a welcome addition for both broadcasters and advertisers Irish television programme makers could soon appear a lot more brand conscious... View
August 2011 Appointing the Ideal Chairperson? While the Companies Acts do not specify any particular statutory role for a chairperson of a board of directors over and above the general responsibilities of the chair... View
August 2011 White Collar Crime Bill Passes Into Law The President has signed the Criminal Justice Act, 2011 (the Act) into law. View
August 2011 Changes To Irish Bankruptcy Law Steps have been taken by the Minister for Justice to reduce the minimum period which a personal bankruptcy is required to last by Irish law. View
August 2011 Developments in the Priority of Payments in a Liquidation When a company is wound up by reason of insolvency the various creditors of that company will often become embroiled in a fight for the limited assets and funds available for distribution to undischarged creditors of that company. View
August 2011 Seminar at the Mediators Institute OfIreland Hayes solicitors were delighted to host a seminar on the legal aspects of Elder Mediation View
July 2011 Hayes Newsletter - Summer 2011 In Brief... Hayes Solicitors View
July 2011 NEW WHITE COLLAR CRIME BILL The Minister for Justice, Alan Shatter (the Minister), has published the Criminal Justice Bill 2011 (the Bill). View
June 2011 Eugene Davy joins the Minister for Children, Frances FitzGerald in giving keynote address at relaunch of Relationship Ireland Outline of presentation by Eugene Davy Solicitor at the launch of Relationships Ireland on Tuesday 21st June 2011 View
June 2011 Age, Absence and Retirement Seminar Update on Absence, Sick-Leave and PHI Schemes, Retirement and Working Time Developments View
May 2011 Time is right for referendum to amend Constitution on divorce Courtesy of the Irish Times where it was first printed. Family law specialist EUGENE DAVY calls for an end to our two-step divorce law View
May 2011 Section 60 Companies Act, 1963 Update Section 60 of the Companies Act, 1963 (Section 60) is one of the best known provisions of Irish company law. View
May 2011 H w managing partner Hayes solicitors is pleased to announce a number of appointments to strengthen our expert and personalised service to clients. View
May 2011 Abandoned Companies Consequences / Liability For Directors In recent times the closure of businesses has unfortunately, become common due to trading difficulties. View
April 2011 Dentists obliged to display fees from 1 June 2011 Under a new Code of Practice recently published by the Dental Council, dentists in general practice must display their fees from 1 June 2011. View
March 2011 Contact After Retirement (C.A.R.) Seminar Hayes solicitors were delighted to welcome Contact After Retirement (C.A.R.) to a seminar at their offices on 17 February 2011. View
February 2011 ANTICIPATED PREGNANCY DISCRIMINATION COSTS EMPLOYER! The Hayes Employment Law Team acted in the recent high profile case involving a computer software company and a human resources manager who was awarded 148,000.00 by the Employment Appeals Tribunal. View
February 2011 Managing your property in challenging times We understand that these are worrying times for everyone. Owning and maintaining a property can put additional strain on financial resources. View
February 2011 Court Orders 53% Rent Reduction on two Grafton Street Properties As the economy has declined and as the retail and services industries in particular suffer, debate continues on the issue of commercial rent reviews. View
December 2010 Hayes Newsletter - Winter 2010 In Brief... Hayes Solicitors View
December 2010 JURY AWARDS IN DEFAMATION CASES The highest jury and defamation award in the history of the State was handed down on the evening of Wednesday 17 November 2010 ... View
November 2010 Landmark Jury Award Against Kenmare Resources plc Hayes solicitors represented Donal Kinsella in his recent landmark jury award against Kenmare Resources plc... View
November 2010 Working Group on Medical Negligence and Periodic Payments publishes the first part of its Report Monday, 15 November 2010 The Working Group on Medical Negligence and Periodic Payments, which includes Ciaran ORorke, head of the Hayes solicitors Healthcare team... View
November 2010 Access all areas: New Building Regulations require all buildings to be certified and accessible by those with disabilities View
November 2010 The Irish Independent - Thursday, July 22, 2010 Recession forcing unhappy couples to stay together, says family lawyer View
November 2010 The Irish Times - Monday, July 5, 2010 Lawyers feel the pinch as recession brings changes View
November 2010 The Irish Times - Monday, July 5, 2010 Lawyers urged to 'buy into' non-adversarial mediation View
November 2010 Charities Act 2009 The Minister for Community, Rural and Gaeltacht Affairs has recently commenced sections of the Charities Act, 2009 (the Act) which relates specifically to the role of the charity trustee. View
November 2010 Hayes and Short Richardson Forth Solicitors Responses to Transfer Regulations Queries View
November 2010 The Planning and Development (Amendment) Act 2010 an attempt to correct past mistakes and promote sustainable development? The Planning and Development (Amendment) Act 2010 (the Act) was signed into law on the 26th July this year. View
November 2010 DVD Medical Negligence Cases Deirdre McCarthy was invited to speak at the VTE National Symposium on 16 September 2010 organised by Covidien. View
October 2010 When rivalry turns nasty article on the Inter-Broker Industry in Business & Finance Magazine October 2010 Davnet ODriscoll Associate Solicitor with the Employment team has contributed an article to this magazine... View
September 2010 Significant changes for Public Sector Employees under Croke Park Agreement Carol Fawsitt addressed the recent Public Affairs Ireland Conference on 23rd September 2010 and highlighted how the Croke Park Agreement brings with it a whole new way in which employees are dealt with in the Public Service. View
October 2010 Rent Reviews- reform or resistance following on from the Report of the Working Group on Transparency in Commercial Rent Reviews? Controversy has surrounded upwards only rent review clauses for quite some time. It had been hoped that Section 132 of the Land and Conveyancing Law Reform Act 2009 would resolve this issue once and for all. View
October 2010 CHANGES TO THE CAPITAL ACQUISITIONS TAX REGIME The Finance Act 2010 which came into effect on 9 April 2010 introduced a number of important changes to the Capital Acquisitions Tax (CAT) regime for solicitors and private individuals View
October 2010 ARE YOUR LEGAL AFFAIRS IN ORDER? Have you been meaning to make a Will but havent found the time? View
September 2010 In the field of competition law, internal company communications with in-house lawyers are not covered by legal professional privilege It is important that any business with in-house Counsel takes note of an important recent decision. View
August 2010 Upwards only rent reviews a thing of the past? On 28 February 2010 the much-hyped section 132 of the Land and Conveyancing Law Reform Act 2009 came into effect. View
August 2010 Structured Settlements Gain Momentum As work on officially reforming the payment of damages in catastrophic injury cases continues... View
July 2010 REVISION OF THE IRISH ANTI-DOPING RULES With all the fantastic sporting events that are happening at the moment, sports enthusiasts may be interested to know about the Irish Sports Councils (ISC) Anti-Doping rules. View
July 2010 REGULATION OF COSMETIC SURGERY IN FOR A NIP AND TUCK Once accessible only to the rich and famous, cosmetic surgery has become increasingly popular in the past decade. View
July 2010 HEALTH INFORMATION BILL PENDING WITHIN WEEKS This long awaited Bill will offer significant and revolutionary advances in the use and protections afforded to personal health information in Ireland. View
July 2010 BREAST CANCER TREATMENT: THE WAY FORWARD Good news has arrived for both breast cancer patients and breast surgeons in the form of the recent report of Health Information and Quality Authority on Services for Symptomatic Breast Disease published on 26 February 2010. View
July 2010 Personal Data Security Breach Code of Practice On 7 July 2010 the Data Protection Commissioner (DPC) approved a personal data security breach Code of Practice to help organisations to react appropriately when they become aware of breaches of security. View
July 2010 Competition Authority report on GPs within the GMS On Friday (the 9 July 2010) the Competition Authority published its report on competition amongst GPs within the General Medical Services system. View
July 2010 Date for your Diary on Transfer Regulations Seminar On 20 October next in Dublin, Hayes solicitors will co-host with UK law firm Short Richardson Forth and Legal Island a practically focussed seminar on the theme of Transfer Regulations and related legal developments. View
June 2010 The right to refuse treatment - recent English judgment Last month the English Court of Protection made headlines when it ruled that it would be lawful to impose treatment on a cancer patient, despite her refusal to consent to same. View
May 2010 Moving towards Periodic Payment Orders in medical negligence claims. The settlement of recent medical negligence cases suggests that the State and patients alike are willing to embrace the Periodic Payment Order (PPO) or equivalent in circumstances where there is as yet no statutory system for the making of such payments as part of compensation. View
May 2010 MDU claims over Irish jurisdiction again rejected. The latest development in long running legal battles arising from the Medical Defence Union's refusal to provide indemnity cover for Irish based consultants... View
May 2010 State to provide teenager with rare metabolic disorder with weekly tuition The State has agreed to provide 20 hours of tuition per week, and other educational services, to a teenaged girl suffering from a rare metabolic disorder. View
May 2010 Age Discrimination In Irish Employment Law Breda OMalley, Partner in Employment and Commercial Law in Hayes solicitors, presented on the Issue of Age Discrimination at the Industrial Law Society (ILS) Spring Conference in London on Saturday 22 May 2010. View
May 2010 Nurses and Midwives Bill 2010 The practice of nursing and midwifery is set for reform with the publication of the Nurses and Midwives Bill 2010. View
May 2010 Maintenance of Professional Competence for Medical Professionals The Minister for Health & Children has signed an Order bringing Part 11 of the Medical Practitioners Act 2007 into effect from Saturday 1 May 2010. View
April 2010 "Working within the Law", a seminar held by the Irish Dental Association in conjunction with Hayes solicitors on 22 April 2010 On 22 April 2010 the Irish Dental Association, in conjunction with Hayes solicitors, held a seminar at the Burlington Hotel for dental practitioners entitled "Working within the Law". View
April 2010 Society of Irish Breast Surgeons Annual Clinical Meeting 17 April 2010 Hilary Muldowney, partner in the Healthcare department, spoke at the Society of Irish Breast Surgeons Annual Clinical Meeting.. View
April 2010 The Pregnant Employee, Fixed Term Contracts and EU Directives Given the anecdotal evidence that pregnant employees are being targeted for redundancies let us look again at the underlining protection afforded to them under EU Directives and caselaw. View
April 2010 Revised Parental Leave Directive In line with Guideline 18 of the Lisbon Treaty to increase the participation of women in the professions and in the workplace... View
April 2010 Ciaran O'Rorke Partner, Hayes solicitors appointed by President of the High Court to "Working group on payments for catastrophic injuries" The President of the High Court, Mr Justice Nicholas Kearns, has established a working group to examine how damages are paid in catastrophic injuries cases. View
March 2010 Lo-commotion Changes in Revenue practice for Locum workers Healthcare workers working in locum positions may now be deemed by Revenue to be employees rather than contractors for income tax purposes. View
March 2010 Are you experiencing difficulty having your professional qualification recognised and registered in Ireland? Under EU Directive 2005/36/EC on the Mutual Recognition of Professional Qualifications, professionals qualified in one EU Member State may seek recognition of their qualifications in another EU Member State without having to fully re-train in their discipline in the new Member State. View
March 2010 Desperate Housewives - Fact or Fiction? The number of people that have lost their jobs in the Irish workforce over the last 2 years has been unprecedented. View
March 2010 Academy of European Law (ERA) Seminar on EU Law on Equality between Women and Men in practice Carol Fawsitt has been invited to participate in the Academy of European Law (ERA) Seminar on EU Law on Equality between Women and Men in practice in Trier in March 2010. View
March 2010 Capital Acquisitions Tax Capital acquisitions tax (CAT) is a tax on gifts and inheritances View
March 2010 No fishing expeditions for Labour Inspectors: Supreme Court finds no right to circulate to the general public The case of GAMA v Minister for Enterprise, Trade & Employment and another which you may recollect got a lot of publicity in 2005... View
March 2010 Employers off the hook for redundancy payments if employees refuse to transfer If this sounds familiar to your situation, read on. View
March 2010 Risks for prized employees in playing the field with rival employers In a case involving a Professor of bio-technology in Dublin City University (DCU), the University was unsuccessful in their appeal to the Supreme Court against the High Court decision that the dismissal of the Professor was invalid. View
February 2010 Pension Trustees Beware The Pensions Board (the Board), the statutory authority with responsibility for monitoring the operation of the Pensions Acts, has recently released its Review of 2009. View
February 2010 Mr David OFlynn has been confirmed as the Chief Officer and Registrar of the Dental Council Mr David OFlynn has been confirmed as the Chief Officer and Registrar of the Dental Council from 15 January 2010. Mr OFlynn had previously been acting Chief Officer, following his predecessor Mr Tom Farren. We wish Mr OFlynn well in his new role.
February 2010 PAI Seminar Cost Effective Legal Proceedings and Taxation of Costs Martha Wilson recently attended a most relevant seminar organised by Public Affairs Ireland that highlighted a number of useful ways of effectively managing disputes to achieve the maximum saving of costs. View
February 2010 DEFAMATION ACT 2009 Probably the longest running saga concerning legislative reform finally came to an end during the summer when the President signed the Defamation Bill 2006 into law ... View
February 2010 Make your own decision Buzzwords in some circles at the moment are advance care directives also known as living wills. View
February 2010 Will you move in? When the Civil Partnership Bill is passed, will it be too dangerous to ask? We have previously updated you on the Civil Partnership Bill and the imminent recognition of same-sex partnerships. View
February 2010 The importance of small print. It may be time to check your website terms and conditions A recent English case has re-opened the debate on law of negligent misstatement on a website. View
February 2010 The Coroner a Laymans Guide The Coroner is an independent person with responsibility to investigate sudden and unexplained deaths. View
February 2010 Mediation Eugene Davy is a CEDR (Centre for Effective Dispute Resolution) accredited Mediator. View
February 2010 MEDIA - WINNING ON THE PRINCIPLES The Supreme Court gave judgment on 31 July in the appeal brought by our clients Geraldine Kennedy and Colm Keena of The Irish Times against a High Court Order made in 2007. View
February 2010 Examinership Given the major slowdown in economic activity in Ireland many companies are now facing financial difficulties and this has led to a significant increase in the number of troubled companies seeking to enter the examinership process. View
February 2010 EVERYONE NEEDS GOOD NEIGHBOURS Most of us dread that knock on the door when our neighbours pop in to share their excitement at carrying out building works to enhance their property. View
February 2010 DOES DICKINS OPEN THE FLOOD GATES? In the Winter 2007 issue 13 of our Newsletter I commented on a UK decision in Daw V Intel Corporation which involved an employee who had drawn her employers attention to her stress in a series of memoranda. View
February 2010 Do what your Business does Best: Outsource the Rest Outsourcing is an important aspect of the business strategy of many Irish businesses. Outsourcing can exist in a myriad of ways, extending from quite basic arrangements to sophisticated business operations. View
February 2010 Divorce in a Cold Climate The recession is well and truly upon us and its effect is being felt in every aspect of life in Ireland. View
January 2010 Martin Cullen speaks on privacy and media at the Hayes seminar on the Defamation Act, 2009 At a riveting seminar (Media & Irish Society post Defamation Act, 2009), hosted by Hayes solicitors on 21 January 2009, Minister Martin Cullen spoke at length on the devastating affect media reporting, based on lies and untruths, has had on his life and, more particularly, his family and children. View
January 2010 Extension of Small Claims Procedure to Business From 11 January 2010 businesses will be able to avail of the small claims procedure for certain claims. View
January 2010 Defamation Act will facilitate more sensible, efficient justice ARGUABLY THE longest running saga concerning legislative reform finally came to an end during the summer when the President signed the Defamation Bill 2006 into law (it came into force yesterday), writes ANDREW O'RORKE View
December 2009Hayes Newsletter - Winter 2009 In Brief... Hayes Solicitors View
December 2009Frozen Embryos Are Not The unborn The Supreme Court made headlines this week when it considered the age old question of when life begins. View
December 2009 Presentation "Open Communication When Things Go Wrong in Healthcare" Ciaran O'Rorke, Judy O'Kane and Kevin Dunne recently attended Farmleigh House for the excellent presentation organised by the Clinical Indemnity Scheme at the State Claims Agency on "Open Communication when Things Go Wrong in Healthcare". View
November 2009 Ciaran O'Rorke spoke at CLT Medical Negligence Conference on 4 December 2009 Ciaran O'Rorke, Head of Healthcare spoke at the Central Law Training Ireland Medical Negligence conference along with Dr Simon Mills, Desmond Ryan BL and Michael Boylan of Augustus Cullen Law. View
November 2009Medical Council Guidelines A revised guide to Professional Conduct and Ethics for Doctors has been published by the Medical Council. View