“No win no fee” in accident claims – what’s the catch ? – an opinion on irish legal matters from Holland Condon Solicitors

Generally, most of the personal injury cases we agree to accept are taken on a “no-win-no-fee-basis”.

“No win no fee” or “no foal no fee” means that we only get paid for our time working on your behalf if your case is successful or where you move to another solicitor or fail to accept a recommended offer from the other party.

So we put our money where our mouth is when we agree to accept your case: we’ll only do so if we really believe that it has a fairly good prospect of success after we’ve weighed up any potential risks and made you aware of them.

What better guarantee can you get than this. We want a successful outcome just as much as you ! If we’re working on a no-win-no-fee basis, we’re in it with you – if you go down then we do and if you succeed so do we.

– an opinion on irish legal matters from Holland Condon Solicitors

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I.C.S. Building society mortgages being dealt with by Bank of Ireland – news in the legal world from Kilkenny based solicitors Holland Condon

The government have sanctioned the transfer of ICS business to Bank of Ireland, per this official announcement issued in late August, 2014 =

We would like to advise you of the transfer of the business of ICS (the Transferor) to Bank of Ireland (the Transferee), pursuant to SI 257 of 2014 made by the Minister for Finance [Central Bank Act 1971 (Approval of Scheme of Transfer between ICS Building Society and The Governor and Company of the Bank of Ireland) Order, 2014)], to take effect on 1 September 2014, or such later date as may be agreed between the Transferor and the Transferee pursuant to the scheme.

– news in the legal world from Kilkenny based lsolicitors Holland Condon

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Is First Consultation Free in accident claims good enough ? – an opinion on aspects of Irish Legal practice by kilkenny law firm Holland Condon

I say “yes” it is ! We offer this to potential clients on the basis that we will recover the cost of the consultation through suing the responsible party; and, getting them to pay the majority of the costs of the case.

Some Solicitors try to put cold water on this in an attempt to show themselves in good light. I read one particular blog by a Cork based accident claim firm.

They said – “First of all, it’s too much too early.  It’s like proposing marriage when you first meet someone.  You don’t really know anything about them or whether you’re happy to work with them so why should you have to take time off work, get someone to mind the kids and travel to their office for a consultation in a strange environment to discuss some of your most personal affairs with someone you’ve never met before ? ”

My answer is that this is a load of poetical nonsense ! You want advice so why not get it for free ! You don’t have to travel to the solicitors firm, you can phone them. If you’re worried about revealing personal details to a certified professional solicitor, you can withhold names addresses etc. until you are sure you want to deal with that solicitor.

They also say – “One little consultation is hardly going to be enough to find out all about you and your case to be able to understand what it’s all about.  And, more importantly, one consultation may not be enough for you to find out all about them and how they work and to get answers to all of your questions.  What if it’s going to take more than one consultation?  Where will you stand then?  What kind of follow up can you expect?  Will you have to pay for it?”

My answer to this bull, is to say -who said it’s a “little consultation” ?  In our firm, we meet people, who feel they may be entitled to injury compensation, for as long as it takes to ascertain the chances of success with their case, and advise them on what next to do. Hopefully, they will come back to us and use our services, but, if not, they are armed with enough knowledge to take the next few steps.

The first consultation, whether or not its free, is about building up a trust that can only be done face to face and not by some online form filling. The same firm our suggesting their online assessment form with no face to face meeting is somehow the best ! hmmm, I wonder…….

Yes, there’s no such thing as a free lunch. That’s why I said at the start of this rant, we will get the cost of it through the litigation process.

Be wary of solicitors who “over-promote” their “qualities”.

– an opinion on aspects of Irish Legal practice by kilkenny law firm Holland Condon

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NPPR hefty penalty looming – an advice note on Irish Law by Holland Condon solicitors in Kilkenny

You have until 1st September, 2014 (only a few days left!!) to pay this tax on Irish residential property, after which stage the amount owed increases by €3,000 !

As of August 2014, the total owed on a liable property, if no payments have yet been made, is €4,220 but on September 1st 2014 that figure will increase to €7,230. It will be capped at that sum until 2025.


So what happens if you decide not to pay the NPPR?

Whether you’re someone, who was unaware of it because you live in another country, or you don’t believe in paying the tax as an anti-austerity person, or for whatever reason.The nature of the tax and penalty is that it’s a charge/mortgage that is fixed on a property until it is paid regardless of whether ownership has changed. The result is that the question of whether the charge is paid or not matters most when a property is being sold or mortgaged. Purchasers will be very reluctant to buy a property with unpaid NPPR outstanding and will usually insist that it is discharged before proceeding.

The same act which brought in the penalties repeals the charge completely on 31 March 2025 after which the charge will cease to exist and outstanding amounts can no longer be collected.

Residential owners need to review their situation, establish whether they may be liable for the charge, and if so, go about paying it before the 1st September and save €3,000 !

So, today, contact the Finance Department of the local authority in whose area the residential property is located.

 

– an advice note on Irish Law by Holland Condon solicitors in Kilkenny

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Is your compensation guaranteed when you are injured – an advice note on Irish law by Kilkenny Solicitors Holland Condon

The simple answer “No”.

Even where you have a 100% compensation claim (i.e. a case certain to win), there’s no guarantee that you will get any money. There are a variety of reasons for this, but the one we focus on today is – Is the person responsible for your injury insured ?

If they are not, then, the chances of recovering money reduce. Remember, whilst most people will have insurance, it’s not a certainty, nor is it a legal requirement to have insurance, except in the case of motor vehicles that go on the public road – drivers must have insurance, and even if they don’t the Irish Insurance companies will cover the claim through the MIBI.

If there is no insurance, great care is needed in making a decision to proceed against the responsible party. You could get a court award for huge money, but, at the end of the day, the Court Order is merely a piece of paper. It’s not cash, and to convert it to cash may take a long time and a lot of costs.

Think hard before suing an uninsured defendant.

– an advice note on Irish law by Kilkenny based Solicitors Holland Condon

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Irish State benefits paid to injury claimants needs to be repaid – an update on Irish Compensation Law from Kilkenny Solicitors Holland Condon

The Recoverable Benefits and Assistance Scheme will come into effect on 1 August 2014.

The Social Welfare and Pensions Act, 2013, provides that certain social welfare payments, which are normally deductible from a claimant’s personal injury claim for loss of earnings, are now recoverable by the State. In summary:

  1. The payments to be recovered are Illness Benefit, Partial Capacity Benefit, Injury Benefit, Disablement Pension (incapacity supplement), Invalidity pension and Disability Allowance relating to the personal injury.  They are limited to a maximum period of five years from the date of first entitlement to the benefit.
  2. The obligation is on the “compensator” to reimburse the Minister for Social Protection directly for any “recoverable benefits” received by the claimant from the State.
  3. The “compensator” must apply to the Minister for a Statement of Recoverable Benefits before making any compensation payment.
  4. The Minister must within four weeks from receipt of the request, issue a statement which will remain valid for a 3-month-period and must at the same time, issue a copy to the injured person/claimant. The compensator must discharge the amount specified in the statement.
  5. If a compensator fails to pay the Minister the amount of recoverable benefits in advance of making a compensation payment, the compensator remains liable to pay on demand the full amount due to the Minister.
  6. If there are two or more compensators, they are jointly and severally liable to the Minister.
  7. The Act does not apply to fatal injuries claims or to specified compensation schemes.
  8. The compensator may reduce the compensation for loss of earnings or profits payable to the claimant by the amount the compensator has paid to the Minister in respect of the total recoverable benefits in the matter. The compensator must notify the claimant accordingly and cannot reduce any other element of the compensation, e.g. general damages, on these grounds.

Special care needs to be taken in the following circumstances:

  • Settlement talks on short notice. While it is possible to seek expedition, the Act envisages a four-week period from the request of the statement of recoverable benefit to the delivery of the statement.
  • Where there is apportionment of liability (e.g. contributory negligence). The Scheme does not allow for a pro-rata reduction in the recoverable benefits payable to the State except on foot of a court order confirming the apportionment of liability.
  • Where no loss of earnings claim is pleaded by the Plaintiff.
  • Where there are un-insured co-defendants.

The Department of Social Protection has indicated that it is currently preparing the relevant forms and a guide to the scheme.

– an update on Irish Compensation Law from Kilkenny solicitors Holland Condon

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Accidents at work – a note on Irish Law from Holland Condon Solicitors Kilkenny

An Employer owes his staff a very high duty to keep them from harm and to ensure they are protected whilst working for them.Your employer is required by law to ensure the health and safety of all workers and to make proper records of any accident that happens in the workplace.

Essentially, we need to show that your employer is to blame in some way for your injury. Perhaps, they are partly to blame, and that’s good enough to launch a legal compensation claim.

Here are some examples of accidents at work =

    • Building Site Accident Claims
    • Construction Accident Claims
    • Defective Work Equipment Compensation
    • Forklift Injury Claims
    • Ladder Fall Claim
    • Manual Handling Injuries
    • Platform Work Accident
    • Defective machinery
    • Defective work practices
    • Occupational injury claims
    • Asbestosis Compensation Claim
    • Repetitive Strain Injury
    • Deafness Claim
    • Dermatitis Industrial Injury
    • Asbestos Compensation
    • Slip and fall whilst working claims
    • Deafness and tinnitus Claims
  • Miners claims
  • Loss of limbs or cuts from work cutting equipment.

It’s important to take legal advice on your work injury claim. More importantly is to be put in touch with leading medical experts to help you get better, or improve your state of health. We can assist on all these fronts.

– a note on Irish Injury claims from Holland Condon Solicitors Kilkenny

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New occupiers of rated properties – an update on Irish Law from Kilkenny Solicitors Holland Condon

The owner of a property is now obliged to advise the local rates office of any change in occupation of a rated commercial property, e.g. sale, new lease. They have 14 days to inform the local authority.

This law was announced to Kilkenny residents via the Kilkenny People newspaper last week. Kilkenny County Council have a specific form on their website that can be used.

Local Government Reform Act 2014

The Local Government Reform Act, 2014 provides for a wide range of reforms to local authority functions, structures and funding, and includes a number of changes in respect of commercial rates.

New duty on owners/ratepayers in relation to a transfer of property

Section 32 of the Act places –

● An obligation on property owners, or their agents, to notify the Local Authority where an interest in a rateable property is transferred and the person liable for rates changes.

● The person transferring the property, either the owner or occupier, must discharge all rates for which he/she is liable at the date of transfer.

Failure to notify Kilkenny County Council of a change in interest within 14 days of the transfer date, may result in a penalty for non-compliance in that, the owner becomes liable for an amount which is equivalent to the level of outstanding liabilities (up to a maximum of 2 years liability).

This obligation comes into effect on 1st July, 2014

– an update on Irish Law from Kilkenny Solicitors Holland Condon

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Annual Taxes payable on Homes in Ireland 2014 – from a law firm based in Kilkenny Holland Condon

Recently, we have received a number of queries asking if NPPR tax is payable for this year(i.e. 2014). Consequently, we have decided to recap on the current state of play.

NPPR TAX – this tax is payable in respect of residences that are not your principal home or that of a non-paying relative eg rental properties and holiday homes must pay this tax. The tax is now replaced with the LPT tax listed below. NPPR was payable from 2009 -to- 2013 inclusive. If the tax has not been paid, then it should be. For more information visit www.nppr.ie

HOUSEHOLD CHARGE – another tax on any residential properties. It was around for one year in 2012 and has been replaced by LPT tax. The charge is still payable and you can visit www.householdcharge.ie

LPT TAX – this is the only tax currently payable on all residential accommodation and is based on the market value of the property. As a seller, you need to have it paid to date to be able to sell your house. As a buyer, you need to ensure the seller did not undervalue the property in their returns to revenue because if they did, you are obliged to “snitch” on them to revenue to avoid a fine !! Visit www.revenue.ie/lpt

– from a law firm based in Kilkenny “Holland Condon Solicitors”

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Do I need a solicitor to make an injury claim ? – an opinion from Kilkenny Solicitors Holland Condon

The straight answer to the question is no you don’t need to use a solicitor to make an injury claim. You can make the compensation claim yourself. In fact, the Irish Government policy is to encourage people not to use solicitors.

At every turn in the injury claim process, the citizen is coaxed to do the claim themselves.

We would contend that this is unwise and that you should employ a solicitor for the following reasons :-

* A personal injury solicitor will know all the different types of losses you can claim. If you attempt to make your own claim, it is very likely you will not include all the losses that you are entitled to claim.

* A personal injury solicitor will be able to obtain more compensation for your injuries. A personal injury specialist solicitor will not only have access to the most recent law on the value of your injury, but in addition will be taken far more seriously than you would be when any offers of compensation are made.

* A personal injury solicitor will know what evidence is necessary to prove your claim.

– an opinion from Kilkenny Solicitors Holland Condon

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