Category Archives: Legal News

AGRICULTURAL PROPERTY – Transferring the family farm: A brief guide to Agricultural Relief in Capital Acquisitions Tax

The Agricultural Relief Scheme creates an exemption for those being gifted or inheriting agricultural land which would otherwise be subject to Capital Acquisitions Tax.

Normally, any gifts received or inherited would be taxed at a rate of 33% over a certain amount that varies depending on the person’s relationship to the donor.

However this is not the case when the donor is a Farmer and the lands are continued to be used for agricultural purposes. Continue reading

EMPLOYMENT LAW – Employees obliged to avail of internal grievance procedures in Bullying and Stress claims

The amount of cases seeking compensation from an employer for workplace bullying, harassment or stress has increased in recent years and several judgments from the High Court have indicated how such a claim might sink or swim.

Employers are obliged under Health and Safety legislation to take reasonable care in preventing bullying and stress-related injuries from occurring in the workplace.

However, if an employee does have a grievance with regard to bullying or stress, they have a duty to alert their employer to it or face the consequences later. Continue reading

PERSONAL INSOLVENCY – Personal Insolvency Arrangement results in debt write down of €223,000 over mortgage

Earlier in the year, the new Insolvency Service of Ireland released its first quarterly statistical report which showed that, despite receiving over 500 applications, only a small percentage had resulted in debt relief for the applicants.

Many commentators remarked these figures were underwhelming and questioned the effectiveness of the new legislation. Continue reading

COMPANY LAW – Company law is braced for drastic changes under new legislation

The company law regime in Ireland is set for a complete overhaul with the coming into force of the Companies Bill later this year.

The new legislation will consolidate the multiple pieces of legislation currently in force and endeavour to simplify this complex area of law.

Company directors are advised to familiarise themselves with the new Act and the fundamental changes that it is set to introduce. Continue reading

PERSONAL INJURIES – Supreme Court dismisses child’s appeal for playground injuries

The Supreme Court has dismissed an appeal from a decision of the High Court which found that Long¬ford Town Council were not liable for the injuries sustained by a child in a playground.

The plaintiff in the case Ahmed v Longford Town Council fell off a swing and landed on a concrete surface, missing the protective rubber matting underneath the swing and causing him to fracture his arm. Continue reading

FAMILY LAW – Concealed assets by former husband result in massive pay out

Divorce proceedings can often be bitterly contested, especially in cases where a party has under declared their income or hidden assets in order to keep the benefit from their spouse.

Such circumstances can arise where one party has supervised the family finances and the other may be at a disadvantage as regards their knowledge of their former partner’s wealth. Continue reading