In a recent decision of the Court of Appeal (Whelan J., Faherty J. and Allen J.) in the case of Coughlan & Anor. v Stokes & Anor. [2024] IECA 299 (Appeal Number: 2024/112), the Court overturned a judgment of the High Court, which had dismissed the claim of the Plaintiffs for want of prosecution of […]
The Protected Disclosures Act 2014 creates a right to recover damages, where detriment exists because of the making of a Protected Disclosure. Section 12 of the 2014 Act prohibits penalisation, or threatened penalisation, of an Employee for having made a Protected Disclosure. In the event that an Employee is dismissed, by reason of penalisation, an […]
OFX were delighted to be in attendance at the Cork Chamber of Commerce Dublin Dinner on the 26th November, 2024. Pictured are OFX Partners Shane Crossan, Micheal O’Mullain and Judith Curtin, along with Sara Lynn, Chief Legal Counsel of National Broadband Ireland and Geoff Cox, Group HR Director of Irish Times.
Section 14 of the Mediation Act 2017 provides that there is a legal obligation on a Practising Solicitor, prior to issuing proceedings, to advise the client to consider Mediation, as a means of attempting to resolve the dispute, which will be the subject of the proposed proceedings, and to provide information with respect to […]
A new law was enacted in July 2024 affecting leases and licences granted to students. In accordance with Government’s commitment to the Housing for All plan increased protection has been granted to students in private residential areas enacted under the Residential Tenancies (Amendment) Act 2024(“the 2024 Act”). This gives added protection to students and the […]
By Des Lynch, Partner and Head of Private Client Department & Oisin O’Brien, Intern Introduction Creating a Will is a fundamental aspect of comprehensive estate planning. It is a straightforward yet powerful way to protect your assets and loved ones, as well as to ensure that your wishes are respected. Moreover, it can negate […]
Auto-Enrolment: A radical shake up of the pensions landscape “Automatic Enrolment has been talked about for decades, and today is a clear sign that we mean action.” Heather Humphries, Minister for Social Protection, announced the publication of the landmark legislation, the Automatic Enrolment Retirement Savings System Bill 2024 on 5 April 2024, which was […]
The Employment Equality Acts 1998 – 2015 (“EEA”) transposed the Employment Equality Directive into Irish law and prohibits discrimination on nine grounds, including age. As such, the termination of employment due to age could be considered discrimination unless it falls within Section 34(4) of the EEA (or Article 6 of the Directive) which provides it […]
By Des Lynch, Partner and Head of Private Client Department & Maurice Lane, Legal Executive Introduction An enduring power of attorney has long been a very useful mechanism in allowing an individual to ensure that their future needs are met, in a manner they approve, in the event of a loss of mental capacity. […]
O’Flynn Exhams LLP is delighted that it has been recognised by The Legal 500 in its 2024 rankings, for the fifth consecutive year. The Legal 500, one of the most prestigious international legal directories, features law firms from across the world who are providing the ‘most cutting edge and innovative advice to corporate counsel.’ O’Flynn […]
By Maggie Kelleher Byrne: Flexible / Remote Working Requests The right to request remote or flexible working, introduced by the Work Life Balance and Miscellaneous Provisions Act 2023 (the “Act”), has been brought into effect as of 7 March 2024. The Workplace Relations Commission has also published a Code of Practice (the “Code”) to advise […]
There was great style on display at our annual Christmas jumper morning in aid of the Simon Community, getting everyone in the festive spirit!