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.

Recent case - Norwich Pharmacal Order obtained against Coinbase Europe Limited by Cosgrove Gaynard Solicitors
April 3, 2022

Cosgrove Gaynard Solicitors were delighted to be involved in a recent case for a private client in the High Court, in which we sought a Norwich Pharmacal Order to direct Coinbase Europe Limited to hand over details of an account/account holder who may be connected with stolen bitcoin.

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Awards - Fintech Law firm of the Year in Ireland 2022
March 30, 2022

Awards: Fintech Law firm of the year in Ireland 2022

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EU cryptocurrency regulations 2022 update
March 8, 2022

Crypto regulations Ireland and the EU - update. The law around cryptocurrency may change again, with a set of compromises to the original MiCA legislation announced by the European Union on the 28th of February 2022.

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Need a Property Solicitor?
February 1, 2022

If you’re buying or selling a property, changing mortgages, or investing, it's going to be absolutely vital that you have the services of an expert property solicitor in your corner.

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Norwich Pharmacal Orders Ireland - Google, Coinbase, Twitter, Facebook
December 15, 2021

A Norwich Pharmacal Order is a legal order that is used to compel an innocent third party to disclose information about another party who is involved in some form of malfeasance. Norwich Pharmacal Orders are becoming a common legal tactic to stifle online trolls on social media, as well as trace anonymous individuals online

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Pre controlled function roles for VASP applications
October 11, 2021

If you are a VASP in Ireland, you will need to register with the Central Bank for AML/CFT purposes. If you are a firm that is not established in Ireland, or you are not conducting business as a VASP before the 2021 Act was brought in, then you must be registered with the Central Bank before any services commence. As part of the regulation of VASPs with the Central Bank of Ireland, individuals holding pre-approval controlled functions within a VASP must be approved under the latest fitness and probity regime of the Central Bank.

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DIGITAL ASSETS AND DIGITAL INHERITANCE
October 6, 2021

Digital inheritance is a new term that is becoming more widespread across the globe in relation to the transfer of digital assets in a broad sense. There is a completely new "digital asset" that has been created in terms of cryptocurrencies and therefore with that, inheritance queries follow.

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An overview of MIFID regulation in Ireland
October 4, 2021

Any investment firm that provides services relating to investment for third party clients or handles investment activities relating to certain financial institutions could fall under the MiFID scope and therefore require authorisation from the Central Bank of Ireland.

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Why choose Ireland as a location for payment institutions
October 1, 2021

Ireland has slowly but surely established itself as an alluring destination for businesses in the Fintech sector.‍ From a solid regulatory framework to an advanced financial services ecosystem, Ireland’s financial technology sector is booming right now and is home to a surprising number of reputable domestic and international payment institutions. Let's take a closer look at the reasons behind this below.‍

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Commercial Property Lawyer? Key issues when buying a commercial property in Ireland
September 29, 2021

There are a number of common issues that arise in the purchase of commercial property in Ireland whether it be by auction or private treaty. We set out these issues below for consideration.

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My business is struggling, what are my options
May 20, 2021

When a business fails, for whatever reason, the liquidation of the company should not be the only option considered. There is another option to be considered called examinership.

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The remortgage legal process explained
May 18, 2021

Remortgaging is the process of moving your mortgage to a new lender from your existing lender. People may choose to remortgage for various reasons, including to pay off other debts, to reduce monthly payments, or even to pay off the mortgage earlier. This article will guide you through the legal process of remortgaging and how you can go about doing it.

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SCARP - Small company administrative rescue process announced
May 12, 2021

The Minister for Trade, Promotion, Digital and Company Regulation, yesterday announced government approval for the priority drafting of the Companies (Small Company Administrative Rescue Process and Miscellaneous Provisions) Bill 2021. The Bill amends the Companies Act 2014 by providing for a simplified restructuring process referred to as SCARP (small company administrative rescue process) for small and micro companies.

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Mortgage documentation : explained
May 11, 2021

Mortgage documentation explained. If you are buying a property and seeking finance, there are certain documents that will be required by your bank.‍ Once you are sale agreed on your property and have instructed your solicitor, you will need to inform your bank or lending institution of your solicitor’s details so that the bank can issue your loan offer and loan pack to them.

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FAQ'S on the recently enacted VASP registration process with the Central Bank
May 10, 2021

FAQ'S on the recently enacted VASP registration process with the Central Bank‍. Further to our recent article on the registration process, we have set out a number of replies to frequently asked questions that are arising from both current and new virtual asset service providers in Ireland.‍

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‍E-money licence application Ireland
May 3, 2021

The Central Bank of Ireland is the authority responsible for the regulation and supervision across all financial sectors in Ireland. The relevant legislation is the European Communities (Electronic Money) Regulations 2011 which transposed the E-Money Directive into Irish law. At Cosgrove Gaynard, our expert team assist and guide our clients through this complex application process to obtain an e-money licence in Ireland. If you are considering Ireland as a destination to establish an e-money institution, please contact us for further information and to discuss further.

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New Personal injuries guidelines in Ireland
May 1, 2021

New guidelines have been introduced for Personal Injury claims in Ireland. See our article below which sets out the practical implications of when the new guidelines come into effect and how they may affect your personal injury claim.

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Virtual Asset Service Providers ( VASP ) - the Central Bank registration process
April 30, 2021

The Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021 was enacted on the 23rd April 2021. This piece of legislation transposed the EUs Fifth Anti-Money Laundering Directive (5AMLD) into Irish law. In terms of virtual asset service providers, more commonly referred to as VASP's, this means that they are now required to comply with Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT)obligations and must register with the Central Bank.

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NFT's and the law
March 18, 2021

Non-fungible tokens (NFTs) are really taking off in mainstream markets. An NFT is, essentially, a digital collectible. They can represent things, like real-world assets, or they can be things in themselves, like music or art. Their value comes from the fact that they are digitally unique. They exist on a blockchain and, whilst music as an example can be downloaded by anyone, an NFT is explicitly recorded as having a single owner.

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Planning permission disputes - planning injunctions
March 12, 2021

Planning injunctions. We at Cosgrove Gaynard Solicitors have been involved in many such applications on behalf of clients. In addition, we have recently succeeded in having an interim order removed in circumstances where it was preventing our clients from completing a development to their property for an inordinate amount of time.

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Fintech law - a review of smart contracts in Ireland
February 19, 2021

A smart contract is a legally binding contract that automatically executes some or all of its obligations via a computer program. In this blog, we look at smart contracts and consider how they fit into Irish law.

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Planning permission and the seven year rule on unauthorised development
February 17, 2021

The rule effectively states that local authorities may not serve enforcement notices for an unauthorised development after seven years since the commencement of the development. The best way to describe this is that whilst proceedings cannot be taken regarding the development, it is still a blip on title as the proper planning permission was not obtained.

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The Help to buy scheme explained
February 9, 2021

The Help to Buy scheme was created to support first-time property buyers in buying a new property as their principal residence. It is becoming increasing common for developers to accept a booking deposit along with the HTB funds as the balance deposit.

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Business Interruption Insurance Policies – High Court rules against FBD Insurance - 5 February 2021
February 5, 2021

Mr Justice Denis McDonald ruled in the High Court this morning that FBD Insurance are to compensate the policyholders who took court action following FBD’s refusal to provide indemnity under their policy of insurance regarding business disruption cover.

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The Wall Street short - GameStop
February 3, 2021

The recent rise in GameStop’s value had nothing to do with the company itself. Instead, it came about as a result of a small group of dedicated speculators in a Reddit subforum called “WallStreetBets”. These people consciously planned to buy up GameStop stocks in order to boost the value because hedge funds like Melvin Capital, which had invested a significant amount of capital in financial instruments which only rise in value when GameStop’s value declines

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5 steps to speed up the sale of your property in Ireland
February 2, 2021

If you want to sell your house quickly, there are a number of items you can prepare, prior to going sale agreed, which will speed matters up substantially.

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Business Interruption Policies - update on recent case law re Covid 19
January 27, 2021

A recent decision of the UK Supreme Court means many policy holders in the UK will now be able to recover losses for business interruption caused by the Covid 19 pandemic.

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Understanding the new proposed EU framework for cryptocurrency regulation
January 8, 2021

As part of the Digital Finance Package released regarding cryptocurrencies in Europe ,it is proposed to regulate crypto assets and markets in crypto assets (MiCA) and to provide definitions of crypto assets and token subcategories. It will also set out rules for digital asset custody and capital requirements.

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What is examinership, and will it work for your business?
December 1, 2020

Examinership is a legal process coming under increasing attention over the last several years, as the media noted a marked rise in the number of businesses seeking it. But what exactly is examinership? Is it right for your business? And what are the risks you need to know about? Here is your guide to examinership - a detailed view of what you need to know.

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FAO's on Covid19 Legal Matters
April 7, 2020

Cosgrove Gaynard examine a number of FAQ's on legal matters and Covid 19 including property law queries, employment law queries, insolvency and restructing, and examinership.

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Covid 19 : We are open for business and we are here to help you
April 1, 2020

Covid 19 - we are open for business and we are here to help you

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How to identify a social media account holder?
November 26, 2019

If you have encountered social media defamation that has harmed your standing,either personally or professionally, then contact us immediately. Social media defamation contains a broad spectrum of issues and contributing factors, and so it is essential that you seek some expert help from solicitors with experience in this area, to help you understand your case and your likelihood of successful litigation.

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Why a Shareholders Agreement is a must!
November 18, 2019

Why a shareholders agreement is a must!

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Irish Law awards 2019 - Winner !
June 3, 2019

Cosgrove Gaynard Solicitors win Sole Principal of the year 2019

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We have moved!
May 17, 2019

We have moved

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Have you suffered an injury onboard an airplane?
August 31, 2018

Cosgrove Gaynard Solicitors set out what your rights are to take a personal injuries claim if you have been injured in the course of air travel.

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ePrivacy Regulation
August 10, 2018

A further regulation called the ePrivacy Regulation is being proposed to come into effect next year to further protect privacy in regard to electronic communications.

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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

if you are the victim of defamatory material posted online on social media or the internet, the following are the necessary steps to have the material removed immediately:

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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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What happens after you purchase your property: The Registration Process
December 22, 2017

Once a property has been purchased and keys have been exchanged, the conveyancing process does not end there.

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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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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

Auctions are an increasingly popular mode of sale for residential houses and apartments along with 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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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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