Cosgrove Gaynard Solicitors

We combine extensive experience with an innovative and practical solution driven focus to provide our clients with an unparralleled service in resolving whatever legal challenge they face.

Landmark judgment for the treatment of social media data in German court - digital assets
July 13, 2018

Landmark case for the inheritance of social media pages and other digital assets.

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Are Ethereum tokens a security?
May 8, 2018

It is really not for the SEC to determine whether tokens are security; this is to be determined by legislation or for the courts to determine. To date no court has determined whether or not tokens are deemed to be securities. That said it is clear that the SEC has interpreted the matter and are finding tokens to be securities. There is a case currently ongoing in New York which may however become the first court in the world to rule on whether or not tokens are deemed to be securities.

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Why ICO & Why ICO in Ireland?
April 10, 2018

Initial Coin Offerings (ICO's) are not just for technology companies . They are often the beginning of a digital revolution for existing Companies which are already established In their field whether it be healthcare, insurance, property or another industry. Despite some bad press, the tightening of regulation in jurisdictions such as in the US, and indeed Facebook and Twitter banning advertisements , money has been pouring into the ICO market with $3 billion raised through ICOs in the first two months of this year. This is half the value of all funds raised throughout 2017, according to Coindesk data.

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Crypto assets on divorce
March 16, 2018

The division of assets on a divorce is one of the most contentious issues facing both couples and family lawyers. With the advent of digital assets such as cryptocurrencies lawyers are having to consider digital assets and their division in the dissolution of a marriage more and more frequently.

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Cryptocurrencies from an insolvency perspective
March 15, 2018

In the context of insolvency, insolvency practitioners now have to deal with a new class of “digital asset” which I expect will cause some difficulty in terms of tracing and identification of assets, particularly taking into mind that there are a number of privacy coins designed to specifically avoid tracking and, indeed, there are crypto exchanges registered outside of EU jurisdictions and therefore avoiding stringent privacy policies which you would expect in this jurisdiction.

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Israeli Court supports crypto company
March 6, 2018

In a recent case in the Supreme Court of Israel, the Court held it was unlawful for Leumi Bank (the “Bank”) to restrict the banking activity of a company engaged in cryptocurrency activities. This precedent should signal a warning to other banks thinking of stifling the growth in cryptocurrencies through anticompetitive actions

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What is an ICO
March 5, 2018

As cryptocurrencies and their use become more widespread companies are continually developing innovative ways in which to use the underlying blockchain technology. In order to provide funding for these projects companies are offering their own specific crypto tokens and coins to the general public through initial coin offerings or “ICOs”. Due to the popularity the cryptocurrencies generally ICOs are quickly becoming a very lucrative fundraising mechanism. The major advantage to the company running the ICO is they do not have to give up equity in the company in return for capital. At Cosgrove Gaynard we are seeing more and more international clients enquire about ICOs and we are proud to be the preferred legal partner to some every exciting ICOs originating in Ireland in 2018.

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Brief overview on General Data Protection Regulation - GDPR
February 23, 2018

The General Data Protection Regulation (“GDPR”) comes into effect on the 25th May 2018. This will affect every business both large and small and so it is essential all organisations ensure they have appropriate policies, procedures and protocols in place.

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Article Irish Independent 23rd February 2018
February 23, 2018

Todays Irish Independent featuring Cosgrove Gaynard Solicitors

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ICO's (Initial Coin Offerings) in Ireland
February 8, 2018

As Ireland re-images itself in the post modern world of tax transparency, it will hopefully be at the forefront in proviing a business friendly regulatory environment for ICO's and cryptocurrencies.

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How to get a comment taken down from social media
January 31, 2018

How to get a comment removed from social media - the internet.

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Bitcoin now accepted
January 25, 2018

Cosgrove Gaynard Solicitors are delighted to announce that we are the first Irish Law Firm to accept Bitcoin payment .

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Examinership - recent application
January 23, 2018

Cosgrove Gaynard solicitors were delighted to advise on another recent examinership petition to the High court.

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Recent Settlement in Facebook ‘Revenge Porn’ Case
January 22, 2018

Recent Settlement in Facebook ‘Revenge Porn’ Case

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Ebook - The Property Insiders guide to the Legal Process
January 1, 2018

The Property Insider's Guide to the Legal Process: How to Work Efficiently with Your Solicitor - by Susan Cosgrove & Carol Tallon

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Probate
October 18, 2017

When someone dies the assets of their estate automatically vest in the executor at the date of death. However in order for the property to be distributed to beneficiaries, the executor must apply to the Probate office to take out a Grant of Probate to administer their estate.

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Guide to buying a property in Ireland
May 19, 2017

Guide to buying a property in Ireland

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Buying an apartment in Ireland
June 24, 2014

Buying an apartment in Ireland is not the same as buying a house in Ireland. For a start there is generally a complex legal structure in an apartment development which apartment owners need to understand.

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Conveyancing fees
June 7, 2014

Cosgrove Gaynard Solicitors provide a fixed fee but it is not cut price. We balance the equation between being competitive and providing a full and proper service.

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Irish Law Awards 2014
April 25, 2014

‍Cosgrove Gaynard Solicitors are delighted to announce they have been shortlisted as finalists in the Irish Law Awards 2014 in two categories

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Bank of Ireland Stamp Duty Refund
April 3, 2014

Bank of Ireland have announced a new incentive for first time buyers. They are offering 1% of your mortgage amount to cover stamp duty for First time buyers (who plan to live in the property) on mortgages drawndown between the 2nd April and the 30th September 2014. Therefore those who already have loan offers issued but have not yet drawndown funds are still eligible.

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Image Magazine – February 2014 featuring Cosgrove Gaynard Solicitors
February 18, 2014

Image Magazine – February 2014 featuring Cosgrove Gaynard Solicitors

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Employment Law update – equality tribunal
February 17, 2014

In a recent judgment from the equality tribunal, it was found that an employer discriminated against an employee on the grounds of race.

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Changes to jurisdiction levels of civil courts
January 28, 2014

The changes to the monetary jurisdictions of the civil courts proposed by Courts and Civil Law (Miscellaneous Provisions) Act 2013 will take effect on 3rd February, 2014.

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Sale of a property – when to instruct your solicitor
January 9, 2014

There are always certain items that can hold up the sale of a property. A purchaser may be waiting on loan approval; selling their own property etc however what can be avoided or at least minimised is delay on the side of the vendor.

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Conveyancing: Acting for both vendor and purchaser
January 7, 2014

Solicitors are prohibited from acting for both a vendor and a purchaser in a conveyancing transaction by law since the 1st January 2013 save for a few limited circumstances. Therefore , even where there is a voluntary transfer of property between family members, separate solicitors must be obtained.

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School choice dispute | Family law
October 3, 2013

The recent High Court case of BB v AA which was an appeal from the Circuit Court deals with a situation where parents cannot agree on the choice of school for a child.

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Best Will in the World week 2013
September 30, 2013

Cosgrove Gaynard Solicitors are delighted to announce that they will be taking part in the Best Will in the World week from the 21st to the 25th October 2013

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Planning issues – buying a property in Ireland
September 30, 2013

Recently we have come across a large number of properties with what Conveyancing Solicitors would call “Planning Issues”.

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Judicial Separation
July 1, 2013

When parties cannot reach agreement as to the terms by which they will separate, then an application to court is required for a judicial separation.

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Revised Code of Conduct on Mortgage Arrears
June 27, 2013

The Central Bank has today published the revised Code of Conduct on Mortgage Arrears which essentially sets out the framework for mortgage lenders/ banks in dealings with borrowers who are in arrears

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Personal Injuries *: Compensation for tripping / falling / slipping in a shop
June 21, 2013

To establish a personal injuries* case and obtain compensation for a trip / fall / slip in a shop you must first of all prove that your personal injury* was caused by the negligence of the shop or an agent or employee of the shop. In other words, it must be established that they are responsible for your accident.

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Employment Law Update – Discriminatory Treatment
June 19, 2013

Grainne Campbell v Bank of Ireland – Employment Law case update.

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Are you looking to buy at Auction?
June 7, 2013

The next Allsop Auction will take place on the 4th July 2013 which contains a wide range of auction properties both residential apartments and houses to mixed use and commercial properties.

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Article featuring Cosgrove Gaynard Solicitors – Irish Independent 7th June 2013
June 7, 2013

Article in todays Irish Independent regarding planning permission and neighbours consent.

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Court update: Planning permission | Unauthorised Structure
June 6, 2013

A decision by the High Court to overturn an order made by Wicklow County Council to demolish a premises built without planning permission has been met with some interest .

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Upwards only rent review – update
June 4, 2013

Two recent cases on the validity of upwards only rent review clauses in commercial leases have been causing considerable waves in the landlord and tenant market.

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Periodic Payments for catastrophic injuries *
June 1, 2013

Pressure is continually increasing for the introduction of legislation to provide for periodic payments in claims involving catastrophic injuries. A working group was set up in 2010 to review this area of law and it reported unanimously in 2010 that legislation was required to allow cases to be settled by way of periodic payments for such catastrophic injuries.

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Accidents * in Creche
May 29, 2013

Parents are obviously extremely worried about their childrens crèche facilities in light of last nights primetime programme.

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Commercial Property : Schedule of dilapidations
May 22, 2013

On termination of a lease, a tenant may be served with a schedule of dilapidations. This is essentially a schedule containing details of the tenants breach(es) of its repair obligations contained in the Lease

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Personal injuries *: Compensation for Accident in a Creche
April 29, 2013

A child who was 4 years old, was injured in an accident* in creche when she knelt on broken glass which was on the floor of the crèche.

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Danske Bank Irish Law Awards 2013
April 26, 2013

Cosgrove Gaynard Solicitors are delighted to announce we are finalists in TWO categories for the Danske Bank Irish Law Awards 2013 being held on the 3rd May 2013 in the Four Seasons Hotel, Dublin.

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Parental Leave – Update
April 11, 2013

The Parental Leave Act 1998, as amended by 2006 (Amendment) Act, provides that parents in Ireland can take parental leave from employment in relation to certain children.

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New Jurisdiction Limits for District and Circuit Courts
March 21, 2013

New Jurisdiction Limits for District and Circuit Courts

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Birth Injury *
March 8, 2013

Cosgrove Gaynard Solicitors have represented many clients who have suffered due to birth injury medical negligence*. There are several types of birth injuries that commonly occur as a result of complications during pregnancy, labour, and child birth

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Conveyancing
March 1, 2013

The term Conveyancing is a legal term used to describe the transfer of legal title/ ownership of property from one person to another. In other words Conveyancing is the purchase and sale of a property.

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Daughter awarded €5 millon compensation from Mothers car crash *
February 21, 2013

A daughter who was injured* in a car crash when her mother was driving has settled proceedings in the High Court for 5 millon euro. The girl was a passenger in the back seat and suffered a fracture to the skull and a resulting brain injury.

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Defamation – Damages of €150,000 awarded to Denis O’Brien
February 18, 2013

A defamation action taken by Denis O’Brien against The Irish Daily Mail has resulted in damages of €150,000 being awarded against the paper after an article was published accusing him of being a hypocrite.

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Pizza Delivery man awarded €7,000 compensation for dog bite. *
February 11, 2013

The High court awarded a pizza delivery man €7,000 in compensation after he sustained an injury* delivering promotional leaflets. The pizza delivery man sued the homeowners of a property in Portobello, Dublin following the incident.

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Garda Compensation Scheme- €102,000 awarded *
January 28, 2013

A Garda received €102,000 from the Garda Compensation Scheme for an assault in which he was injured* while trying to arrest a man.

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MMR- Medical Negligence? MMR blamed for partially deaf girls disablement *
January 21, 2013

MMR – Medical Negligence? MMR blamed for partially deaf girls disablement

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€45,000 – Garda Compensation Scheme *
January 16, 2013

A Guard was awarded €45,000 following an incident* in which his colleague was killed after their patrol car was rammed.

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Birth injury – Compensation €340,000.*
January 16, 2013

A young boy who suffered a shoulder injury* at birth has had his action settled for €340,000.

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Case against plastic surgeon for damages has settled. *
January 16, 2013

A woman who sued a plastic surgeon for damages* over a breast operation settled her High Court action after suffering severe pain and fluid from her wounds following the operation. The implants were subsequently removed and she required treatment in hospital for cellulitis and wound breakdown.

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Sponsored Tweets – Celebrity Endorsements on Twitter
January 11, 2013

The Advertising Standards Agency in the UK recently cleared a marketing campaign by Mars Chocolate UK which used sponsored tweets in relation to its Snickers brand. It was the first ruling by the UK ad watchdog involving Twitter.

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BER CERTIFICATES – NEW REGULATIONS ON ADVERTISING
January 10, 2013

From the 9th January 2013, a person offering a property for sale or for rent must display the energy performance indicator of their current BER Certificate in any advertisement of the property for sale or to let. Under the relevant legislation ( S.I. 243 of 2012) this requirement relates to all marketking material including newspapers, magazines, brochures, leaflets, signs, television, radio and the internet and furthermore relate to advertisements placed privately or through an agent.

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Defamation – Girl settles defamation action for €10,000
January 7, 2013

A circuit court action for defamation was settled with damages of €10,000 in a case taken by a schoolgirl after a Pearse Street shop posted her photograph in relation to an attempt by her friends to take cans of beer from an off licence without paying.

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Update: Property Tax Valuations
January 7, 2013

The Revenue will decide on the value of properties in relation to the property tax and will shortly be issuing notices to tell homeowners of the “indicative value” that they place on the home.

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Personal Injuries*: Man settles High Court case for €1.75m
December 7, 2012

A man who took a lift home after a party has settled his action for damages* for €1.75 million.

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Debt Collection : Recent High Court Case re demand letters
December 7, 2012

GE Capital Woodchester Home Loans Ltd v. John Reade and Dympna Reade [2012] IEHC 363 (High Court, Laffoy J, 22 August 2012)

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Local Property Tax
December 6, 2012

The Local Property Tax (LPT) comes into effect on the 1 July 2013. There will be a half year charge for 2013 and a full charge from 2014 onwards.

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Article in the Irish Independent featuring Cosgrove Gaynard Solicitors 30th November 2012
December 5, 2012

Article in the Irish Independent featuring Cosgrove Gaynard Solicitors 30th November 2012:

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Article featuring Cosgrove Gaynard Solicitors – Irish Independent 28th September 2012
November 28, 2012

Can my mortgage lender try to negotiate my tracker loan?

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Examinership Lite
November 26, 2012

Plans were last week announced by Richard Bruton to provide an examinership lite process. Under the plan, firms will be able to apply directly to the Circuit Court to have an examiner appointed to their companies instead of the more expensive High Court process.

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Defamation – Twitter
November 21, 2012

In addition to bringing a defamation action against the broadcasters of a show, being BBC and ITV (one of which we believe has already settled for a cash sum), following the inaccurate Newsnight report on November 2nd, Lawyers for Lord McAlpine in the UK have threatened legal action against Twitter users. They have identified up to 10,000 allegedly defamatory tweets about the former Tory party treasurer.

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Maintenance
November 16, 2012

A child has an absolute right to be supported by his/ her parents. It is in fact a legal responsibility whether parents are married or not to provide maintenance for dependent children. When the parties are together, there is often no problem, although this is obviously not always the case.

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Article featuring Cosgrove Gaynard Solicitors : Irish Independent 16/11/2012
November 16, 2012

Article featuring Cosgrove Gaynard Solicitors in the Irish Independent 16th November 2012:

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Custody – Access – Guardianship
November 15, 2012

Custody – Access – Guardianship

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Article in the Irish Independent featuring Cosgrove Gaynard Solicitors 14th September 2012
November 14, 2012

Article featuring Cosgrove Gaynard Solicitors 14th September 2012

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Registration of Rights of Way – Easements
November 13, 2012

An easement is a right which an owner or an occupier of land has, by virtue of his ownership of his land, over the land of a neighbour, e.g. right of way, light, support and water.

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Property Tax in Ireland
November 4, 2012

The one thing that is certain is that we will have to pay property tax in Ireland within the next 12 months.

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IRISH INDEPENDENT : Friday October 26 2012: Executor – Probate query
November 1, 2012

I am executor to my mother’s estate. One of my siblings refuses to leave the family house so that I can sell it and share out the proceeds three ways as per my mother’s will. Does he have the right to live there forever (as he wants to do) or can I have him evicted?

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The Commercial Court
October 24, 2012

The Commercial Court is a division of the High Court and was established in 2004 to provide efficient and effective dispute resolution in commercial cases. It is governed by Order 63A of the Rules of the Superior Courts in particular.

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Commercial Lease – Property Services Regulation Authority
October 23, 2012

Under section 87 of the Property Services (Regulation) Act 2011 tenants under a commercial lease granted on or after 3 April 2012, or a person authorised by the tenant, is required to submit particulars to the Property Services Regulation Authority at 3 stages in the term of the lease as follows:

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Personal Injuries *: Compensation Guide
October 22, 2012

The Injuries Board provide an estimate of figures which provide a general guideline in relation to the value of an injury claim*.

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Sale of a Property in Ireland
October 19, 2012

There are two ways to sell a property in Ireland – Private Treaty or by Auction. Your Auctioneer will advise you on which method is best suited to your property.

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Family law : Divorce
October 12, 2012

For a Divorce to be granted in Ireland the Court has to be satisfied with matters stated in this article.

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Article featuring Cosgrove Gaynard Solicitors : Irish Independent 12th October 2012
October 12, 2012

Article in the Irish Independent featuring Cosgrove Gaynard Solicitor

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What to do after a Road Traffic Accident *
October 11, 2012

Cosgrove Gaynard Solicitors set out the below step by step guide to what to do after a road traffic accident. At all times it should be remembered that your health is paramount and is the first thing you need to attend to after a road traffic accident*.

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Personal Injuries * : Passenger settles claim against Ryanair
October 11, 2012

A passenger who sued Ryanair after falling down steps while exiting a Ryanair plane settled her €38,000 compensation claim* .

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What is involved in a Medical Negligence claim *
October 11, 2012

At the very start, it is important that you or your solicitor obtains a copy of your medical records relating to the treatment which you complain of as soon as possible.

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Medical Negligence *
October 11, 2012

Medical Negligence * is one of the most traumatic experiences that an individual can experience. Medical Negligence can lead to physical, emotional and personal trauma, as well as loss of earnings. Cosgrove Gaynard Solicitors offer an expert service to victims of medical negligence with the aim of a case not only being compensation for the negligence suffered but also providing the victim with justice.

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Personal Injuries*: 4 year old child given flu vaccine
October 10, 2012

A FOUR-year-old child who was given a anti-flu vaccine at school without her parents’ consent has been awarded €4,000 damages*.

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Clauses in Commercial Leases
October 9, 2012

Responsibility for repairs is a common source of dispute between landlords and tenants.

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Commercial Property – Repair Clauses in Commercial Leases
October 9, 2012

Responsibility for repairs is a common source of dispute between landlords and tenants. The repairing obligations will be set out in the lease.

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Need a Will?
October 9, 2012

We are providing a legal wills advisory service during the week 22nd -26th October 2012 in conjunction with www.Mylegacy.ie for just €50.

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Landlords Legal Obligations & the PRTB
October 7, 2012

The Residential Tenancies Act 2004 (the “Act”) sets out the current tenancy obligations for both landlords and tenants.

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Personal Insolvency Bill : Explained
October 5, 2012

Minister for Justice Alan Shatter published the long-awaited Personal Insolvency Bill on the 29th June 2012 aimed at reforming insolvency laws, some of which have been in place for over a century.

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Employment Law : Award to migrant quashed over illegal status
August 31, 2012

A ruling by the High Court today may have the effect of leaving undocumented migrant workers in Ireland without protection from exploitation under current employment laws.

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Making a Personal Injuries Claim *
August 28, 2012

Under the Personal Injuries Assessment Board Act 2003, anyone intending to seek compensation for a personal injury* (other than medical negligence*/ malpractice*) must make an application through the Personal Injuries Board (PIAB) unless the claim is settled directly between the parties.

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Social Media Policy – Why it’s essential your organisation has one
August 27, 2012

Most organisations will have internet and email use either written into employee contracts or separate policies and may also block social media applications such as facebook, youtube and twitter from work computers, however this is not enough. You cannot take away the freedom of your employees to engage in social media networking sites out of hours or on personal computers/ devices.

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Ambush Marketing & the Law
August 27, 2012

In essence ambush marketing is the unauthorised association by a business with an event whereby the business intends to benefit from the events goodwill without paying a rights fee.

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Sports Law – What next for our Olympic Medal Winners?
August 24, 2012

The Olympics, without doubt, are one of the greatest publicity opportunities in a sports persons career. Offers are now likely to be plentiful from professional contracts to sponsorship deals, endorsements, publishing rights for biographys etc. for our own Olympic Medal winners.

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The Importance of a Well Drafted Contract
August 23, 2012

The importance of a well-drafted construction contract cannot be overstated.

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Key Clauses in Commercial Leases
August 21, 2012

Commercial Leases are lengthy documents and it is extremely important that both the landlord andtenant are fully aware of what the lease contains particularly in the case of a tenant where someobligations can be drafted to be quite onerous

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MyLegacy’s Best Will in the World Week 2012
August 18, 2012

MyLegacy’s Best Will in the World Week 2012 will take place from Monday 22nd – Friday 26th October. In the lead up to this Week, MyLegacy will conduct a nationwide publicity campaign to highlight that leaving a gift in your will to your favourite charity is a simple, wonderfully fulfilling experience. It can benefit countless people and anyone can do it but the first step has to be making a will or amending an existing will.

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Probate : Duties of an Executor
August 17, 2012

The role of executor is onerous and a testator should carefully consider who they wish to appoint as executor in their will. One executor is sufficient but it is advisable to appoint more than one.

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Garda Compensation scheme *
August 16, 2012

The Garda Compensation Scheme* was established for members of An Garda Siochana under the Garda Siochana (Compensation) Act 1941 and the Garda Siochana (Compensation) (Amendment) Act 1945.

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Probate – Executor Check List
August 15, 2012

This is a Checklist for Executors/ Administrators of an Estate setting out the basic information and documents required by us as Solicitors acting in the Probate / Administration of an Estate :

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