This just shows how bizarre things are in this country. https://www.irishtimes.com/news/consumer/house-sellers-have-to-pay-water-charges-before-getting-refund-1.3222346

Niall Murphy & Co recently successfully concluded a complex and technical arbitration on behalf of our client , a small construction company based in the South East of the country. The matter, following an intensive arbitration process, was resolved in our clients favour at hearing, resulting in a substantial award . "As a small construction company, we were encouraged by our local solicitor to engage with Niall Murphy & Co on a Construction related claim which arose, as our regular legal advisors were not specialists in this area. We found dealing with Gordon very straight forward, and his engagements with us were hallmarked by his personal efficiency, politeness, legal and construction related knowledge and we found him to be both supportive and realistic in his views and advice He had the ability to coach us through a very long drawn out process, encouraged us and put simply believed in our case, in which we were successful. We would have no hesitation in recommending Gordon to others in the construction sector." Directors of a small building business in the South East For any queries in respect of the Arbitration process or construction claims please contact our dispute resolution dept at gordon.murphy@murphyslaw.ie

Definition of sexual consent to be introduced into existing legislation. Tánaiste Frances Fitzgerald is to seek Cabinet approval on Tuesday to define sexual consent in legislation for the first time. She will bring a memo to this morning’s Cabinet meeting outlining how she intends to address the anomaly in Irish law. The changes proposed will make it clear that a person is incapable of consenting to a sexual act if they are asleep or unconscious, as a result of intoxication or if they are mistaken as to the identity of the other person. The law will also stress that a person cannot consent if they are being unlawfully detained, if they are unable to communicate due to a physical disability or if consent is offered through a third party. A Department of Justice source said the provisions would provide additional clarity for the legal system in sexual offences cases. They would also serve “ as a clear reminder to those who would take advantage of persons who, in particular circumstances, are unable to consent. New law will define consent in rape cases The changes that the Criminal Law (Sexual Offences) Bill will bring, once enacted, will be far-reaching and will bring additional protections to some of the most vulnerable people in our community.” Ms Fitzgerald is to introduce the definition of consent through an amendment to the Criminal Law (Sexual Offences) Bill, which is to be heard in the Dáil next week. Supreme Court ruling The Tánaiste had signalled her intention to clarify the law last year after a ruling by the Supreme Court. Mr Justice Peter Charleton was asked by the Director of Public Prosecutions to clarify the law in cases where a man charged with rape claims the woman agreed to sex. Mr Justice Charleton ruled that consent cannot exist if a woman, for any reason, is not in a condition to give it. Ms Fitzgerald’s proposed legislative change aims to give guidance to the legal system dealing with such cases.

Couple awarded €30,000 for Facebook defamation by neighbour

Reminder of the consequences of defamatory Facebook posts, from Donegal circuit court http://www.irishtimes.com/news/crime-and-law/courts/circuit-court/couple-awarded-30-000-for-facebook-defamation-by-neighbour-1.2940354?utm_source=dlvr.it&utm_medium=twitter

New measures are expected to be unveiled today to reform how compensation is paid to people who sustain catastrophic injuries which leave them in need of long-term permanent care. The move follows criticism by the judiciary of the current compensation system. At present, courts can only award lump-sum payments, leaving injured parties at risk of running out of money. Tánaiste Frances Fitzgerald plans to introduce a new system by the end of the year, allowing courts to make index-linked periodic payment orders. The move, contained in the Civil Liability (Amendment) Bill, will require amendments to several different pieces of legislation. "This new legislation will give much needed financial security to those persons who are catastrophically injured," Ms Fitzgerald said. The measures stem from the recommendations of a report by a High Court working group on medical negligence and periodic payments. Under the proposed legislation, payments will not be affected if someone is declared bankrupt. The sums will also be exempt from income tax.

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Tax Rebate introduced for First Time Buyers of New Homes The scheme will provide a rebate of income tax, paid over the four years prior to buying, to a maximum of 5 per cent of the purchase price of a new home valued at up to €400,000. Buyers of homes costing between €400,000 and €600,000 will also be entitled to the €20,000, though the percentage of the purchase price this equates to will be lower. No rebate will be available for homes costing more than €600,000. The rebate will apply to people buying homes newly built by developers and people building one-off houses, and no relief will be given to those buying second-hand houses. The scheme is also only available to people who are taking out a mortgage of least 80 per cent of the purchase price, or in the case of a self-build, 80 per cent of the valuation approved by the mortgage provider. It is a rebate of income tax paid in Ireland – so if a returning emigrant paid income tax here within the last four tax years, they may be eligible for a contribution towards their deposit. An individual also does not have to have been working consistently – any and all income tax paid in the last four tax years will be taken into account. The well-flagged incentive will be available to buyers who signed contracts to buy on or after July 19th. In the case of a self-build, applicants who drew down the first tranche of their mortgage on or after July 19th will also be eligible. This scheme will run until the end of 2019 and is expected to cost €50 million.

Law Reform Commission advocate new criminal offences for cyber crime and so called "revenge porn" The proposals would see a law introduced to deal with the non-consensual posting of intimate images online A Commissioner with the Law Reform Commission has said that the intentional shaming of somebody should be punishable, where it involves the distribution of images without consent, with a maximum sentence of seven years in prison and/or fines. Professor Donncha O’ Connell was speaking after the LRC issued proposals to bring about new legislation to deal with cyber crime and the posting of online images without consent. The proposals would see two new criminal offences enacted to deal with voyeurism and so-called "revenge porn". The commission is also proposing reform to the existing offences of sending threatening messages and of harassment. Under the reform, the offences would be extended to include the posting of fake social media profiles. Professor O’ Connell described the new proposals as "very balanced" and "not an attempt to police the internet". Speaking on RTÉ’s Today with Sean O'Rourke the Commissioner said that the proposals to introduce a digital commissioner are based on a model in Australia and will attempt to develop a compliance culture that is both practical and meaningful. Professor O'Connell said the Commission would need to have statutory powers and the office would have to be resourced if it was to operate properly. The LRC engaged with digital providers during the proposal process. Professor O'Connell said that the providers engaged seriously with the Commission and the Commission is hoping they will engage seriously with the proposals in the report. He said that these proposals would not be difficult to pass through the houses of the Oireachtas. Also speaking on Today with Sean O’ Rourke a victim of so-called "revenge porn" welcomed the proposals saying that the phrasing seemed to cover everything. Jane said that she did not feel a seven year sentence for perpetrators of cyber crimes was long enough, based on the long-term psychological damage caused to victims such as herself. The proposals were also welcomed by barrister and cyber crime expert, Pauline Walley. Speaking on RTÉ’s Morning Ireland Ms Walley said the recommendation of a digital commissioner is significant. Very often, she said, service providers are reluctant to get involved and take down harmful material. However she said victims should not have to go to lawyers or court at all and that there "should be a clear take down trail." Meanwhile, the Government Chief Whip has said that social media giants need to "step up to the plate" and be far more serious about defending those who are abused on social media. Regina Doherty said they should be moderating and policing their own platforms. She said that she, personally, had noticed that Twitter has improved over the last number of months. Also speaking on RTÉ’s Morning Ireland Ms Doherty said social media platforms such as Snapchat, Facebook and Twitter should be "moderating and policing their own platform".

Paternity Leave and Benefit Act 2016 01 September, 2016 The Paternity Leave and Benefit Act is signed into law and commences today 1st September 2016. Prior to its enactment Ireland was one of the few states in Europe without provision for statutory paternity leave. Eligible employees will be entitled to two weeks’ paternity leave to be taken in one continuous block following the birth or adoption of a child from 1 September 2016. Subject to the employee having made the appropriate PRSI contributions, paternity benefit of €230 per week (the same rate of pay for statutory maternity benefit in Ireland) is payable by the Department of Social Protection for the paternity leave period. Paternity benefit is paid for two consecutive weeks and must be claimed within 26 weeks of the date of birth or day of placement (if the child is adopted). In the case of multiple births, or where a person adopts two or more children at the same time, an employee shall only be entitled to one period of paternity leave in respect of the children concerned - The Act applies to an employee who is considered to be a “relevant parent,” on or after 1 September 2016. A "relevant parent" includes: the child’s father, or the spouse / civil partner / cohabitant of the child’s mother, or the child’s sole male adopter, or either parent of a donor-conceived child. Same sex couples jointly adopting a child must choose one parent to be the “relevant parent”. Contact Naill Murphy & Co if you require further information in this regard.

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We'd like to congratulate Ballincollig AFC Youth team in their historic win in the FAI Youth Cup on Sunday at Turners Cross in a fantastic game of football. These lads are great ambassadors to the community and are a credit to their parents and their club. We are proud to be associated with them.