Important Information for People returning to the Employment Market.

Dear Readers,

If you have recently returned to the employment market, after a period of absence it is important to note that there has been some significant changes to employment law in Ireland.

This information, will also be of benefit to employers, to ensure that they are up to speed with new changes also.

Hudson Solicitors, Dun Laoghaire will be posting regular blogs, advising of employment law updates and changes in Ireland.

Protection of Employment (Temporary Agency Work) Act 2012 offers additional protection to workers employed through agencies. The important point of this legislation is that it ensures employees are treated equally,on a par with other permanent staff members. It effectively ensures and affords agency employees or workers , with the same protections, as if they were employed directly by the Company itself and not placed there by an agency.

Please view the act above for full details.

Protected Disclosures Act 2014: The purpose of this Act is to counteract any penalties and persecution of employees, who report wrongdoing in the workplace. It is in essentially another protection for employees, to counteract white collar crime in our society.

Employment Permits (Amendment) Act 2014 This act was introduced in 2014 and it sets out 9 different types of employment permits that can be obtained now and it also changes certain criteria as to how to obtain them.

For more employment law updates, please follow our blogs on our website;

Hudson Solicitors, Dun Laoghaire.

www.hudsonsolicitors.ie

Hudson Solicitors, Dun Laoghaire in the Dublin Gazette.

Dear Readers,

Please read about our practice in the most recent Dublin Gazette, along with 7 other Gazette publications around Dublin.

http://issuu.com/robheigh/docs/dublin_city_226c475466fc84?e=0/9523039

We are a legal practice, that has a specific and tailored focus on three specific legal areas;

1. Property Law (Sales and Purchases).
2. Personal Injury Matters ( Of all types and descriptions).
3. Company Set-ups (National and International Clients).

We welcome any queries and enquiries you may have.

Yours faithfully,

Hudson Solicitors,
Dun Laoghaire.
01-6877196
www.hudsonsolicitors.ie

Time to buy property!

Property prices are on the up.

Auctioneers and Economists are sighting ever growing figures in the Greater Dublin area, owing primarily to the shortage of supply and indeed the shortage of new builds- this in turn is creating a dramatic rise in property prices.

This is set to increase, so I would urge consumers that are considering getting on the property ladder to look at their options now, as the prices are not showing any signs of falling, in the short term.

Notwithstanding, NAMA have recently asserted through various communications, that they intend on addressing this problem, by potentially entering the construction market, as the housing shortage is one of their key initiatives.

I for one, believe this good news and believe that NAMA have been largely successful in what their objectives have been to date and am welcoming the news that they tend to tackle the housing shortage issue.

In the short term, however I would advise if you are considering buying to make contact with a reputable Estate Agent for advice in this area.

I can recommend many skilled Estate Agents in your area. If you would like to discuss this , along with general matters concerning property purchases or sales in your local area, feel free to contact me.

Yours faithfully,

Wesley Hudson
Principal
HUDSON SOLICITORS
016877196.
www.hudsonsolicitors.ie

Business Improvement District- Dun Laoghaire.

Dear readers,

Dun Laoghaire is a town that has been going through a tough transition of recent times.

It is and always has been a fantastic business town, with many professional service providers situating themselves in Dun Laoghaire, owing to its proximity to the surrounding areas, of Monkstown, Sandycove, Glasthule, Dalkey and even Shankill, for business purposes.

Dun Laoghaire has gone through quite a turbulent time from a retailing point of view, with many of the retailers suffering due to the expansive development and fine shopping in Dundrum Town Centre.

Notwithstanding, Dun Laoghaire has an awful lot to offer the buyer on venturing through the town, from fine dining, bars, markets and a number of niche type retail stores- Dun Laoghaire is certainly creating an alternative shopping experience for patrons.

In addition to the above, there is some strong presences in the town with the likes of Meadows and Byrne, Starbucks and the soon to be opened Fallon and Byrne in the People's Park, Dun Laoghaire has a huge amount to offer people, from a shopping experience.

I have signed up to be a Champion as part of the BID initiative in Dun Laoghaire and I have pledged to carry out my shopping and other requirements, in the town ( Which I did anyway!).

I would ask that Dun Laoghaire residents and further afield to commit to doing likewise. Dun Laoghaire is a town that is going places again and I for one , as a business owner in the town feel privileged to be a part of it.

If you would like more information on what developments are being carried out in Dun Laoghaire, please visit

http://www.dunlaoghaire.ie/

Best wishes,

Wesley Hudson
Hudson Solicitors-Dun Laoghaire.
01-6877196

Dublin House Prices up €8000 in just 1 month!

Dear Sirs,

Several recent publications have illustrated that prices nationally and particularly in Dublin are increasing at a significant rate.

The Irish Independent has recently asserted, that prices in the Dublin region have increased by €8000 in as little as 1 month!

This is great news for people looking to sell their properties, as their prize assets are increasing in value. Timing is everything , as to when you go to market with your property and it would seem that the coming months will be critical in terms of realising the potential of your assets.

If you would like to discuss selling your property or indeed buying a property, feel free to give me a call or email me to arrange an appointment .

I can discuss with you what is entailed in doing so and can further make recommendations in terms of surveyors, architects, engineers and mortgage assistance.

We at Hudson Solicitors, Dun Laoghaire are experienced conveyancing and property law practitioners, we are competitive on price and we would welcome any queries you may have.

Best regards,

Wesley Hudson
Principal
HUDSON SOLICITORS
DUN LAOGHAIRE.
 016877196
[email protected].

Changes to Monetary Jurisdictions in Personal Injury and Other Matters.

There have been key changes to the monetary jurisdictions of the Courts of recent,  which any claimants/plaintiffs should be aware of.

Formerly any matter over circa €6000 would be dealt with in the Circuit Court, that has now changed to €15,000.

Formerly any matter over circa €38,000 would be dealt with in the High Court , this has now been increased to €60,000 in Personal Injury Matters and €75,000 in non Personal Injury Matters.

The full breakdown is as below. 

The changes to the monetary jurisdictions of the civil courts provided for in section 2(1) and part 3 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 took effect on 3 February 2014.

From that date, the new limits of the civil jurisdictions will be:

• District Court – €15,000,
• Circuit Court in civil proceedings other than personal injury actions – €75,000,
• Circuit Court for personal injury actions as defined in section 2 of the Civil Liability and Courts Act 2004 – €60,000.

HUDSON SOLICITORS DUN LAOGHAIRE

016877196

Dun Laoghaire Library.

The new €36.6m library is due to open this Autumn in Dun Laogahire, sitting adjacent to the Royal Marine Hotel.

It has come under extreme criticism since it's erection , with residents of Dun Laoghaire  describing it as a monstrosity and calling for it's demolition, adding an extra €2m would be money well spent to knock it down.

Do people really feel that strongly about it, or is it simply the shock value of such a large development. It will be interesting to see what the reaction is of Dun Laoghaire residents , when it opens it's doors in early course.

The development is stated to house, massive digital library facilities, coffee shops and an art gallery and is being dubbed as a new Civic Centre.

Perhaps the fact that it has been labelled as Dun Laoghaire's new library that people have not fully appreciated the value that it may bring to the town.

Only time will tell, however there is no doubt in my mind that Dun Laoghaire, requires an injection of newness, which can only be a good thing, for residents and business owners in the locality.

Wesley Hudson.
Principal.
HUDSON SOLICITORS.

01-6877196.

Changes in Social Welfare payments- Personal Injuries.

A new piece of legislation, reforming Social Welfare distribution, has now come into effect.

If a person is in an accident and unable to work and in receipt of social welfare, under normal circumstances the insurance company when compensating the individual, would not have to discharge the Social Welfare received by the individual , due to being unable to work.

Under the Social Welfare and Pensions Act 2013, now the Department of Social Protection, can reclaim this amount paid out , directly from the Insurance Company.

This will have implications on settlements, as the traditional method of 'all in settlements' to cover loss of earnings, will not be allowable under this new legislation. This will all have to be itemised.

The Department of Social Protection it seems, is unwilling to allow Insurance Companies to be in a position to avoid having to discharge these figures and ultimately will now, will have to discharge this expenditure.

Which is bad news for the Insurance Companies- however positive news for people claiming , as they will have a more thorough assessment of their matters and these 'all in' type settlements will become a thing of the past.

For more weekly updates please like and follow Hudson Solicitor's Dun Laoghaire's Facebook page, twitter feed and google + page.

Hudson Solicitors, Dun Laoghaire.

Tel:01-6877196
[email protected]

Save Dun Laoghaire Courthouse!

Dun Laoghaire's courthouse has been in operation since the 1800's and not just for the legal profession, but for residents in the locality, it has been a symbolic building in the town for many years.

The implications of removing the courthouse, will have far reaching effects on the carriage of justice in the area and ensuring that matters are dealt with in a timely and efficient manner.

How you ask?

Firstly , the state's proposal is to have all the listings in the District Court in Dun Laoghaire centralised at the CCJ (Criminal Courts) on Park Gate Street, (beside the Phoenix Park.)

In legal matters, particularly criminal matters, the attendance of witnesses, is key to the smooth running of legal matters. Witnesses such as you or I , local Gardai, business owners etc, are required to ensure that an accurate assessment of the specific matter is conducted and ruled on thereafter.

The realities of the proposed centralisation, is that witnesses to matters that have occurred locally, will be less likely to have the time or desire to travel into the City Centre to assist with local matters, that will be listed centrally now. This will undoubtedly lead to cases being frustrated or ultimately collapsing due to a lack of corroborating (supporting) evidence.

Same can be said for Family Law matters, with local social workers and therapists, experiencing the same difficulties. Whilst if one is summonsed to court, there is a legal requirement to attend- however the practicalities is,  that it does not always occur that way and convenience is an important factor.

The State is proposing a saving of circa €40,000 in exchange for the closing of the courthouse in Dun Laoghaire. You do not need to be an economist to weigh up the costs to the state, of potential appeals, retrials , judicial reviews, due to criminal matters collapsing. Most of which are legally aided by the State.

The reality is this proposal is extremely short sighted and for my mind, what will happen is, that in years to come, the necessity to re-open the court house in Dun Laoghaire again, will become apparent.

As a community we can oppose this proposal, by having our voices heard and lobbying the relevant parties and contacting our local politicians.

Wesley Hudson
(Principal)
HUDSON SOLICITORS.

What to do if you obtain a Personal Injury?

Personal Injuries can occur in many different situations, whether at work, driving your car or simply falling in a public place.

If you have been unfortunate enough, to hurt yourself in a situation that was not of your own doing, you have two years from the date of the accident to do something about it.

The Injuries Board, was set up in Ireland to deal primarily with Personal Injury matters. The function of the Injuries Board is to assess the extent of the Personal Injury and to ascertain the level of compensation, relevant in the particular set of circumstances.

The Injuries Board (Formerly PIAB), is the first step in the process of filing a Personal Injury claim in  Ireland. The requirements to file a claim, firstly, is to attend a Doctor/GP/Specialist and obtain a medical report for submission, along with the documentation that the Injuries Board request.

This can be a complex process, especially in terms of which parties you wish to hold responsible for the Personal Injury sustained.

It is vitally important to ensure that the correct parties are being listed as the defendants in such cases and to also bear in mind the two year statute of limitations on bringing such action.

For example if you list a party whom you deem to be responsible and then some time later , you believe there was another party that may have also contributed , you may be barred from adding them at a later time, should the two year period have passed from the date of the accident.

This is one example of why it is critical to obtain the correct advise before proceeding with a Personal Injury Application.

Should you wish to discuss this or any other related matter, with me, feel free to contact me in the office.

Yous faithfully,

Wesley Hudson
Principal
HUDSON SOLICITORS

Property prices on the increase in Dublin and Nationally.

It is welcome news (to most) that property prices are on the up throughout the country.

Many people having obtained a mortgage over the last 10 years, have been heavily burdened by their main asset being in negative equity- which ultimately has restricted parties from moving from their properties and in many cases moving to a bigger property , if families are being extended.

In addition to this news, the main lending institutions are certainly lending again and in my experiences of recent , more mortgages are certainly being obtained. This can only be a good thing for the economy and indeed for anybody seeking credit to also start a business or extend an existing business-thereby creating more employment.

What I would say as a Practising Solicitor dealing with mortgage applications regularly, is that the criteria to be met and documentation to be provided has been extended. For example, should money being gifted by another party to assist with the property purchase, be offered, the lending institutions are seeking a Deed of confirmation to be executed, to ensure that it is in fact a gift and that same will not create any competing right against their security over the property.

Extensive documentation can also be requested and furthermore deeds need to be sworn to verify matters, by the borrowers. Often the acting Solicitors have to vouch for certain matters, on behalf of their clients, for the benefit of the lending institution.

The lending institutions have placed a huge focus on ensuring that their rights will not be competed against by any third party and that they have the strongest security over the property.

I for one do not believe that this is a bad thing and tighter regulation to ensure that a person is obtaining finance within their means , will avoid problems down the line, for all involved.

Notwithstanding the above, the important point to note, is that financing is certainly available to the right candidates, allowing people access the property market again.

Should you wish to discuss Mortgage Applications and indeed purchasing and selling a property with me, I would be delighted to discuss same with you at a mutually convenient time.

Yours faithfully,

Wesley Hudson
(Principal)
HUDSON SOLICITORS
www.husdsonsolicitors.ie

Buying or Selling Residential Property- Why do I need a Solicitor?

The practice of buying and selling property, is often a very technical process. The necessity to engage a Solicitor in this process, is owing to the fact that, the Solicitors engaged in carrying out such work, are obliged to ensure that it is in fact, ‘good marketable title’ that is being bought or sold.

Good marketable title is based on a number of elements. For example, a Solicitor must ensure that the property is free from any burdens or conflicting rights, such as, rights of ways affecting a property - whereby another property owner has an entitlement to use the property being sold or acquired, in some way. It must be noted that, if the property is not free from any types of burdens, the duty falls on the Solicitor to ensure that the position with any adjoining property owner, staking a right over the property being sold, has in fact been regularised and indeed registered in either the Land Registry or the Registry of Deeds, thereby ensuring its validity.