heading icon

General Questions

New around here ? Start With the Basics

Choosing a law firm to represent you and your case is one of the most important decisions you can make. We understand that your case is important to you and choosing the right firm and solicitor to represent you could make the difference for your case.

The cost of taking a Personal Injuries claim will always vary and is dependent on a number of factors, including the complexity of your case and the time taken to bring it to a conclusion. We will be happy to provide an estimate of fees once we have spoken with you and reviewed your case.

It is important to note that solicitor’s fees may not be calculated as a percentage of any award or settlement you receive. Any fees charged will be on the basis of the work undertaken by your Solicitor in undertaking work on your case.

The concept of the ‘no win, no fee’ fee arrangement is a common one amongst Solicitors in Ireland. This can often be known as a ‘no foal, no fee’ arrangement. This means no legal charges apply should your case not be successful. On the other hand, if your case is successful either by way of settlement outside of court or in front of a judge in court, then legal fees will apply. Solicitors can enter into no win no fee agreements with clients; however, they are strictly prohibited from advertising no win no fee services.

This is the most common question our clients ask us. More often than not, it can be a difficult one to answer at the early stages of the process as there are so many varying factors to take into account. It can be useful to review ‘The Book of Quantum’ utilised by The Injuries Board which sets out the range of compensation payable for all kinds of injuries

Most Personal Injury cases are settled within 18 – 24 months of commencement however this can vary depending on the complexity of your case. If the person responsible for your injuries does not accept liability for your accident it can take longer.

Most compensation claims are lodged in the Injuries Board seeking an assessment of the award payable to you. Once your claim is lodge the defendant has up to 90 days to respond to your application.

The Injuries Board process can result in award of compensation. It is essential to have a Solicitors advice in making your decision about whether to accept or decline that compensation award.

We will provide you with a quotation setting out our professional fee together with standard outlay that will be payable by you.  Stamp Duty applies to residential and non-residential property and up to date information on rates can be found at www.revenue.ie   Outlay typically consists of fees payable to the Property Registration Authority, Law Searchers fees and Commissioners fees.  There may also be outlay payable to the Local Authority for letters or certificates where applicable. 

If you are hoping to obtain finance to purchase a property, you will need to contact a Broker or Mortgage Adviser.  The bank will issue loan approval in principle, which gives you an indication of how much money you can borrow at that time.  When you have found the property for you, you apply for full loan approval.  A Mortgage Adviser will advise you of what you need to have in place prior to drawdown of mortgage funds such as life insurance/mortgage protection insurance, home insurance, a valuation and survey.

If there is an estate agent engaged they will issue a Sales Advice Note to the solicitor for the purchaser and the solicitor for the vendor (seller).  The vendor’s solicitor sends the purchaser’s solicitor the Contract for Sale and copy title documentation for the property.  The purchaser’s solicitor carries out a full title review and raises pre-Contract enquires. Once the title is in order and the pre-Contract enquiries are satisfied the purchaser can then proceed to sign the Contracts at which stage the balance 10% Contract deposit is payable.

There is a binding Contract in place once both parties have signed the Contract and the completion date is generally 4 weeks from signing the Contract in a standard transaction.

It is not possible to give a timeline as each transaction is different.  The length of the process depends on many factors such as the time it takes to obtain mortgage funds or if you are part of a “chain”.  We will keep you updated throughout the process and endeavour to complete each transaction as quickly as possible.

Once the transaction formally completes and full purchase monies have been paid over and released.

The breakdown of any relationship can be a particularly difficult and stressful time. It can be very challenging to make decisions that are in the best interests of you and your children. It is important to obtain legal advice at an early stage to ensure that you know your rights and your entitlements.

Where one parent is the primary carer of the children and cannot meet their financial needs, they can seek to have the other parent discharge Maintenance in respect of the dependent children. Maintenance is money towards the day to day costs a child incurs: food, clothing, schooling & medical/dental costs as well as costs of extra-curricular activities, school trips etc.

Maintenance can of course be paid by agreement. If no agreement can be reached between the parties, an application can be made in the District Court for a Maintenance Order to be made, whereby a Judge makes a decision on the amount and frequency of the Maintenance to be paid by one party to the other.

Access is the word used to describe the right of a child to have access with the parent/guardian that they do not live with, in order to spend time together. If one parent works full-time it can often be the case that the childs access to that parent would take place in the evenings or at weekends. It is essential at the outset of a relationship breakdown that a solid plan is put in place to ensure that there is stability and certainty for the child/children around access to the other parent.

It should be possible to agree an access plan however if no agreement can be reached an application can be made to the District Court to have a Judge rule on the issue of access. As these types of cases involve children, any decision made by the Court will be made in the child’s best interests. Depending on the age of the child, the Court can take into account their views.   

Once a formal Court Order is made in relation to access, it must be adhered to my both parties and cannot be altered unless one party make an application for a Variation of Access.

If one of the parties deliberately breaches the Court Order setting out the access consistently, the other party can bring an application to the District Court for a Breach of the Order. 

Probate is the process of dealing with the Estate of someone who has died, which generally means clearing their debts and distributing their assets in accordance with their Will.

This will vary depending on the size of the estate, the number of beneficiaries and the complexity of the process. However, following an initial consultation, we will provide you with an estimated fee quotation for work expected to be carried out and all outlays involved.

The Probate Office must declare or certify that a Will is valid and all financial, tax and legal affairs are in order. The wishes contained within a Will must be carried out, all assets must be gathered, debts and taxes owed by the Estate need to be discharged and the residue of the Estate to be divided amongst those named within the will.

The Rules of Intestacy are not flexible and do not take into account what your wishes would have been. After your debts and funeral expenses are discharged, the Rules of Intestacy sets out that your estate is distributed

The Executor decides who views the Will – there is no automatic entitlement to see a Will until it is admitted to the Probate Office and becomes a public document, at that stage anyone can apply to see the Will, as it is an instrument of Public Record.

It is advisable to make a Will.  A Will allows you to choose who inherits your assets.  If you do not make a Will the Law will distribute under the Succession Act which may not be how you wish to distribute your assets. 

We can prepare your will very promptly and the process would usually commence with a telephone consultation and thereafter an in-office appointment. Thereafter we prepare your Will and you may execute same once you are satisfied with the content.

A person who you nominate to distribute your Estate in accordance with your Will and the Law.

A person who is appointed to distribute the estate where no Will has been made. They are generally the deceased’s next of kin.