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Export And Immigration Law

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Majella Walsh Solicitors are Export Law Solicitors who have extensive expertise in the areas of Export and Regulatory Law.

The last few years have seen a seismic shift in the European landscape. The United Kingdom voting to leave the EU in 2016 has meant that the area of Export Law is ever-changing minefield. Both Businesses and Individuals who would ordinarily trade with the UK are now faced with a new legal landscape as EU legislation is not applicable in the UK. Of particular importance for Businesses and Individuals would be a thorough review of contracts and contractual terms and conditions. A careful review by Export Solicitors Cork can assist and sometimes prevent costly delays to trade.

Consecutively, Ireland has seen an increased demand in applications for Irish Citizenship from persons who meet the qualifying criteria. Majella Walsh Solicitors are Immigration Law Solicitors who can advise on the Citizenship Process.

Majella Walsh Solicitors can be contacted on 021 4757477 or via email at info@majellawalshsolicitors.ie where Majella Walsh Solicitors would be happy to assist with any queries relating to export law and immigration law.

Health And Safety Law

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Health And Safety Law Cork City

Majella Walsh Solicitors are Regulatory Solicitors Cork who have vast experience in the area of Health And Safety Law. The area of Health and Safety is an ever-changing environment and this can be seen quite clearly in the last few years when the Covid pandemic hit.

This meant business owners and individuals alike had to adhere to a constantly changing environment where they had to introduce new policies and procedures to protect themselves, their businesses, their employees and their customers. These new policies and procedures also meant that businesses have had to revisit their safety documentation to ensure that they were up to date and in line with government guidelines.

Majella Walsh Solicitor can advise clients on all aspects of Regulatory Law in the various industries and have particular expertise in the area of Health and Safety Law.

Majella Walsh Solicitors can be contacted on 021 4757477 or via email at info@majellawalshsolicitors.ie where Majella Walsh Solicitors are Regulatory Solicitors Cork and Health and Safety Solicitors Cork who would be happy to assist with any queries relating to Health And Safety Law.

Workplace Accidents

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WHAT SHOULD I DO IF I HAVE AN ACCIDENT AT WORK?

If you have an accident while at work. If necessary, you should seek medical help from your local general practitioner (GP or family doctor) or from a hospital. You should report the accident to your employer.

You should report any work place accident that occurs. An employer has an obligation to report any work place accidents to the Health and Safety Authority when an employee is missing 3 consecutive days at work (not including the day of the accident).

Work place accident statistics for 2020

The Health and Safety Authority’s annual report for 2020 sets out the statistics for workplace accidents in Ireland.

There was a substantial decline in the number of non-fatal work place accidents reported to the Health and Safety Authority in comparison with 2019. This decline was likely due to the public health measures that were implemented in 2020 as a result of the COVID-19 pandemic. The only sector which did not see a decrease was the Agriculture, Forestry and Fishing Sector.   Manual handling and falls were the most common with the back the most reported injury in 2020.  The most common working environment for non-fatal work-related incidents was industrial or maintenance areas for workers (25.5%) and shop or service areas for nonworkers (54.9%).

There were 53 work-related fatal incidents in 2020.  23 (43.4%) occurred in Agriculture, Forestry and Fishing alone, while 15 (28.3%) occurred in Construction. More than half of all fatal incidents in 2020 occurred to self-employed people (28), with 12 fatalities occurring to employees and 13 to non-workers.  All but three of the 53 victims of fatal incidents were male. The three female victims were non-workers.

You can get advice on making a personal injury claim by contacting Majella Walsh Solicitors on 021 4757477 or via email info@majellawalshsolicitors.ie for a confidential chat.  Majella Walsh Solicitors are Personal Injury Solicitors in Cork who have extensive experience in Health and Safety Law and workplace accidents.

A Guide to the Help to Buy scheme

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A GUIDE TO THE HELP TO BUY SCHEME

The Help to Buy scheme is designed to assist first-time property buyers with the deposit needed to buy a new property. The property must be lived in as your home, you will be able to rent out a room in the property but not the entirety of the property. The scheme is designed to give First Time Buyers a refund of Income Tax that you paid in Ireland for the four years prior to making the application. Currently amount is available up to a maximum of €30,000. Majella Walsh Solicitors have extensive experience in guiding First Time Buyers through the Help to Buy scheme.

Majella Walsh solicitors can be contacted on 021 4757477 or via email info@majellawalshsolicitors.ie for further advice and support in purchasing your first home.

If you are buying or building the new property with other people, they must also be first-time buyers. The contractor you are purchasing your home from must be approved by Revenue. The Revenue Commissioners have a list of pre-approved developers and contractors so that you can check to see if your contractor is on that list.

The loan you use to purchase the property must be at least 70% of the purchase value of the property.

The Help to Buy Deposit is paid directly to the contractor. It is important to get confirmation of receipt of the HTB deposit in writing as your bank may need evidence of this before releasing loan monies. Majella Walsh Solicitors are expert conveyancing solicitors are will be able to advise you at every stage of your application for the Help to Buy deposit scheme.

Once your application is approved you will be provided with an application number and a summary of the maximum amount you can claim. You will also be given a 6 digit access code. It is important to remember that your application will expire on 31 December. You can then re-apply and make a new HTB application at the beginning of the following year.

You apply for the Help to Buy Deposit once you have received contracts signed by all parties to the transaction. Majella Walsh Solicitors can assist you in completing your Help to Buy application. Contact us on 021 4757477 or via email info@majellawalshsolicitors.ie

Once you have submitted your claim you will provide your solicitor with the following;

• Application Code
• Access Code
• Claim Code
• Confirmation of exact amount of Help to Buy deposit.

Majella Walsh Solicitors have dealt with a vast variety of property transactions and are the experts to guide First Time Buyers through the purchase of their first home. Contact us on 021 4757477 or via email info@majellawalshsolicitors.ie for a confidential chat.

Top Tips for Property Purchasers

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1.       Pick a location that you like.  Visit the area at different times and days to see what commuting will be like.  What schools are in the area?

2.       Talk to the local auctioneers.  You will see very quickly who is selling houses in the area you want to buy in.  Let the auctioneers know you are looking to purchase and leave your details with them if possible.

3.       Make sure you have your Mortgage Approval in Principle sorted.  This will tell you how much you have to spend on a property together with your deposit you have saved.

4.       If you are buying a new house currently being built, apply for your help to buy deposit now.  The application will stay current until the end of the year.

5.       You will need a solicitor to assist you with the purchase of the property.  Contact Majella Walsh Solicitors who have years of experience in dealing with property transactions for first time buyers, trader ups, resident and non-resident purchasers.  Contact Majella Walsh Solicitors for a confidential chat and a detailed quote.  Email info@majellawalshsolicitors.ie or tel. 021 – 4757477.

Enduring Powers of Attorney

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An enduring power of attorney (EPA) only takes effect when the donor becomes mentally incapacitated and no longer able to manage their own affairs.

The EPA can give general authority to the attorney to do anything that the attorney might lawfully do or it may merely give authority to do specific acts on your behalf.

The attorney may make certain personal care decisions on your behalf – these must be made in your best interests, must be in accordance with what you would have been likely to do and the attorney must consult family members and carers in making these decisions. The attorney is considered to be acting in your best interests if they reasonably believe that what they decide is in your best interests.

You must have the mental capacity to execute an EPA. If you become mentally incapacitated and have not executed an EPA, the person who wants to look after your interests can apply to the High Court to have you made a ward of court.

Creating an enduring power of attorney

Because the enduring power of attorney involves the transfer of considerable powers from you to another person, there are a number of legal safeguards to protect you from abuses.

The procedure for executing the enduring power of attorney is complex and you have to use a solicitor and a doctor. The enduring power can only come into effect when certain procedures have been gone through. The courts have a general supervisory role in the implementation of the power.

The document creating the EPA must be in a particular format and must include the following:

A statement from you that you understood the effect of creating the power
A statement by a doctor verifying that in their opinion you had the mental capacity at the time that the document was executed to understand the effect of creating the power
A statement from a solicitor that they are satisfied that you understood the effect of creating the power of attorney
A statement from a solicitor that you were not acting under undue influence
A statement by the chosen attorney or attorneys that they understand their obligations and agree to be an attorney
At least 2 people must be notified of the making of an EPA, none of whom will be the attorney. One of the notice parties must be your spouse or civil partner if living with you. If this does not apply, one of your notice parties must be your child. If neither is applicable, one of the notice parties must be any relative (that is parent, sibling, grandchild, widow/widower/surviving civil partner of child, nephew or niece).

Contact Us.

Majella Walsh Solicitors have the expertise to assist you.  We pride ourselves on our clear communications and will assist you in every step of the transaction.  We look forward to hearing from you.  For further information and advice contact Majella Walsh Solicitors on 021 – 4757477 or email info@majellawalshsolicitors.ie.

See other articles.  https://www.majellawalshsolicitors.ie/articles

https://www.courts.ie/general-information-enduring-powers-attorney

First Time Equity Scheme

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The First Home Equity Scheme is open for applications as of 7th July 2022. This is a national shared equity scheme which helps first-time buyers on moderate incomes purchase properties at reduced rates. Under this, the State and participating schemes may pay up to 30% of the costs involved in purchasing a home, in return for a stake in the home. This stake may be bought back by the first-time buyer, but this is optional. There are service charges which become due after the first five years if the First Home Scheme is still on the property.

Who Eligible to Apply?

Applicants must fit the following criteria:

– Applicants must be 18 or over.

– They must have a right to reside in Ireland.

– They must not currently own or previously owned a property in Ireland or abroad or

be beneficially entitled to an estate or interest in a dwelling in Ireland or abroad.

Application Process

The amount of money a first-time buyer is eligible to obtain depends on the property’s location and size. Applications can be submitted through the First Home Scheme portal. If this is approved, you may download eligibility certificate. You can then give this to your participating lender to be considered when they process your mortgage application. Once you have mortgage approval you will receive your letter of loan offer which you can then upload onto the First Home Scheme website through the customer portal. Once this is checked and approved, documentation will be issued to you and your solicitor to be witnessed and signed. When this application is complete funds will be released to your solicitor who will then finalise the property purchase on your behalf in parallel with the mortgage process.

Contact us

Majella Walsh Solicitors have the expertise to assist you in the purchase or sale of your property.  We have bought and sold property in all areas of Ireland.  We have dealt with first time buyers, clients buying their second home, non-resident purchasers, and non-resident vendors.  We pride ourselves on our clear communications and will assist you in every step of the transaction.  We look forward to hearing from you.

For further information and advice contact Majella Walsh Solicitors.  We have the expertise to advise First Time Buyers who are looking to purchase their first home.  Call us on 021 – 4757477 or email info@majellawalshsolicitors.ie.

Claiming Material Damage from an Accident

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What to do with your car when you have a road traffic accident

1.       Make sure that you are in a safe location before getting out of the vehicle.  If you can, do
not move the vehicles.

2.       Check if anyone involved in the accident requires medical attention.

3.       Document the material damage to the vehicles by taking photos.  Again, make sure you don’t
have to put yourself in danger to take the photos.

4.       Ensure that you provide and are provided with the details of the other vehicles involved in
the accident.  Insurance details are always important.

5.       Ensure your vehicle is safe to travel in before continuing on your journey.

6.       Get your vehicle assessed by a mechanic so that the full extent of the material damage to the
vehicle can be discovered.

Material Damage

Material damage caused to the vehicle in the course of an accident which was through no fault of your own will be recoverable in addition to a personal injury claim.  Any claim should include the diminished value of the vehicle as well as the actual damage to the vehicle.

Contact Majella Walsh Solicitors who are Personal Injury Solicitors in Cork.  Majella Walsh Solicitors have the expertise to guide you through the material damage, get you your diminished value for the vehicle and assist with all Personal Injury claims* associated with Road Traffic Accidents.

For a confidential, non – obligation chat, contact us on tel. 021 – 4757477 or email us on info@majellawalshsolicitors.ie.

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

This guide is provided for general information purposes only and does not form part of any legal advice.

Non Resident Vendors

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Important things to have in place before you sell your property in Ireland

1.      If your property is currently rented out you will have to provide sufficient notice to your tenants.  Your solicitor will provide you with the necessary information required to ensure that you comply with all legislation in relation to residential tenancies.

2.      Your solicitor will need to be provided with your title deeds to allow them draft a contract for the sale.  This should be done before the property is put on the market to ensure the process is as quick as possible.

3.      You will also need to appoint an accountant who will need to assess your tax liability as you are a non-resident vendor.  A letter from the Revenue Commissioners confirming that there is no tax liability outstanding in relation to the property sale will be required by your solicitor before sale proceeds can be released.

Majella Walsh Solicitors have the expertise to assist you in the purchase or sale of your property.  We have bought and sold property in all areas of Ireland.  We have dealt with first time buyers, clients buying their second home, non-resident purchasers and non-resident vendors.  We pride ourselves on our clear communications and will assist you in every step of the transaction.  We look forward to hearing from you.

Contact Majella Walsh Solicitors on tel. 021-4757477 or email info@majellawalshsolicitors.ie who can provide you with expert advice on your property transaction.

Eligibility Criteria To Become an Irish Citizen

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It is very important to get legal advice when considering applying for citizenship.  The criteria and application forms can vary depending on particular circumstances.  Majella Walsh Solicitors advise clients on their naturalisation applications.  Contact Majella Walsh Solicitors for immigration advice in Cork.  For a confidential chat, tel. 021 4757477 or email info@majellawalshsolicitors.ie.

Adult

The Criteria for applying as an adult is as follows;

·Be of Full Age ( i.e., aged 18 or over).
·Meet the relevant conditions of residence.
·Intend to reside in the State.
·Be of good Character.
·Will attend a citizenship ceremony and make a declaration of fidelity.  Due to the COVID19 pandemic live citizenship ceremonies have not been able to take place.

Young Adult

In addition to the criteria for an Adult set out above, to apply as a young dependent adult the following eligibility requirement will also apply;

· Aged between 18 and 23 when you apply.
· Entered the State legally as part of a family unit.
· Currently attending Secondary School in the State or went directly from Secondary School into third level education in the State.
· Are continuously dependent on your parents. You are not financially independent.

Minor

A minor child is aged under 18 and who is not married at the time of the application.  The child can not make the application themselves.  It must be made on their behalf. The different types of applications that can be submitted depending on the family or the minor child’s status.

For a confidential chat contact Majella Walsh Solicitors Immigration Solicitors on tel. 021 4757477 or info@majellawalshsolicitors.ie.

This guide is provided for general information purposes only and does not form part of any legal advice.

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