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Category: News (page 1 of 2)

Lisa is a finalist for Lawyer of the Year

Our Lisa Quinn O’Flaherty has been shortlisted as a finalist in the Lawyer of the Year category of the Lincoln Early Career Awards 2019. We wish her every success at the award ceremony in October.

Innovate Legal: Dublin

Solicitor, Lisa Quinn O’Flaherty has been invited to take part in a panel discussion on innovation in the legal profession and the business of law, at the Innovate Legal: Dublin event, which will take place at Huckletree, Pearse Street on Tuesday 17th September at 18.00pm. This is one of a series of information events for legal professionals organised by Clio, and the first to take place in Ireland. Lisa will be discussing, together with other legal innovators, what Fitzsimons Redmond does to ensure that we are on top of legal trends and what we do differently to ensure a high standard of client service.

The event is free and open to the public. Tickets may be booked via eventbrite:

https://innovate-legal-dublin.eventbrite.com/?aff=Lisa

Student Accommodation and Residential Tenancies Legislation

 

The recent changes to the Residential Tenancies Acts 2004- 2019 mean that those with a lease or licence for student accommodation are now protected to some extent by the residential tenancies legislation. Many term-time tenancies were previously considered as licences and fell outside the legislation.

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Update on Irish Naturalisation

 

 

This is an important update on submitting applications for Irish citizenship by naturalisation. In the recent appeal of a refusal of Irish citizenship by Roderick Jones, it was argued that the Minister ought not to have refused the application where the applicant had spent 100 days abroad in the year leading up to his application, as there were valid reasons for Mr Jones’ absence from the state and it did not suggest that he was no longer continuously resident. The High Court however made a surprising decision, by applying a literal interpretation of the word continuous in the legislation.  It was held that any absence whatsoever from the state during the year prior to application would make the applicant ineligible for naturalisation.

Prior to this decision, the Minister had followed a six-week rule, allowing for absences amounting to a total of six weeks, and finding that such absences do not amount to the loss of continuous residence. The Court has held that the Minister has been acting outside the power given to him by the legislation by allowing up to six weeks of absence, and that the legislation provides for no allowable time outside the state in the year preceding the application.

This leaves a lot of people in a difficult situation; those who have planned their application in reliance on the ‘six week rule’ and those who have applications in process. It was expressed by the Judge that the legislature might step in to ease what appears a heavy burden, especially to those required to travel for work. In the meantime, it appears we have a a limbo situation.

We now understand that the Jones case has been appealed, and is listed for hearing on October 8th in the Court of Appeal.

The above is intended for information purposes only, and is not intended to be relied upon as legal advice. Please contact us on 01 – 676 3257 for advice specific to your needs. We, at Fitzsimons Redmond, are happy to discuss with you any questions and concerns you might have in relation to your naturalisation application.

By Lisa Quinn O’Flaherty, solicitor at Fitzsimons Redmond

The Use of CCTV in the Workplace

Under GDPR, employers are entitled to monitor employee activity if they have a lawful basis for doing so and the purpose of their monitoring is clearly communicated to employees in advance-before any data is recorded the data subject must be warned. A system used to monitor the building for security purposes will usually be easy to justify. The use of CCTV systems in other circumstances – for example, to constantly monitor employees – can be more difficult to justify and could involve a breach of the Data Protection Acts. Should an employee object to the use of CCTV cameras in a particular area, the GDPR test  places the burden on the employer to demonstrate that it has “compelling legitimate grounds” for processing that override the employees’ rights, or for the establishment, exercise or defence of legal claims.

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Pyrite Remediation Scheme

The Pyrite Resolution Act 2013 provides for the making of the Pyrite Remediation Scheme for certain dwellings affected by reactive pyrite and for the establishment of the Pyrite Resolution Board (PRB) to manage the implementation of such scheme. The Pyrite Remediation Scheme is for the remediation of eligible dwellings that have a damage condition rating of 2 as a result of pyritic heave caused by the swelling of hardcore under ground floor slabs. Continue reading

Irish Law Awards 2019

 

We are delighted to share the news that we have been announced as finalists in three categories of the Irish Law Awards 2019. John Redmond is shortlisted for Sole Principal of the Year, and Lisa Quinn O’Flaherty is shortlisted for both Dublin Lawyer of the Year and Community / Pro-Bono Lawyer of the Year. We are incredibly  grateful to our clients and colleagues for their support, and thankful for this recognition of the work we do at Fitzsimons Redmond.

 

A Guide to the CRO’s Beneficial Ownership Register

 

Article 30(1) of the EU’s Fourth Anti-Money Laundering Directive (4AMLD) requires all EU Member States to require companies to hold an up-to-date record of their beneficial owner or owners. This came into effect via part 2 of SI110/2019 on the 22nd March this year.

A beneficial owner is defined as a natural person or persons who directly or indirectly holds a 25% or greater shares, votes, control or ownership interest in a company. Where the company is owned by a parent company, a beneficial owner is a person with a 25% or greater interest in that parent company. If no natural person can be traced to being a beneficial owner, the most senior managing official of the company or the parent company should be listed on the beneficial ownership register.

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Lisa’s Article in Irish Legal News

Our Lisa Quinn O’Flaherty is in her free time, a Climate Ambassador with An Taisce. She recently wrote an article published in Irish Legal News about her role and about how lawyers can help solve the problem of climate change.

Irish Legal News Article

The Domestic Violence Act 2018

The Domestic Violence Act 2018 has come into force this month, and serves to strengthen existing protections and create new protections for victims of domestic abuse.
The protections under the act apply equally to men and women, and apply regardless of immigration status. The only restriction is that young people under the age of eighteen are unable to apply for protective orders on their own behalf.

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