Wilkie and Flanagan Solicitors

23/10/2020

Please note our offices are open for appointment only consultations as per COVID 19 guidelines but otherwise fully operational.
We are also available by email, phone and video call.

24/10/2019

This week's insurance post relates to having a road traffic accident abroad and within the EU. So what happens if you are not at fault and have a RTA abroad within the EU? Normally proceedings are brought where the accident happens. This can still be an option, but most times you come home and have follow up treatment here and your doctor is here and your consultants are here and not keen obviously to travel to Spain for example to give evidence at a hearing there concerning your injuries. .Plus all the complexity of getting legal representation there and trying to understand the system and how legal costs are calculated and awarded. Well there is another option. An EU citizen can bring proceedings within their own Country for losses arising to them as a result of an RTA within another EU State. There are some precondition to this, for example that the Law of the foreign State applies to the case as it is heard here. Likewise the time period to take a case is governed by the foreign Law not domestic Law which is normally two years. Up until a recent High Court case commonly called Kelly -v- Groupama, it was also felt that a court here could not have a discretion on what amount of damages to award if the foreign Law provided for a cap on such damages. That case suggested that there can be exceptions to this to allow an Irish Court award the amount of damages it considers reasonable. As an aside to this, ( as other treaties may apply) I wonder what will happen if the UK and Northern Ireland leave the EU........ will such arrangements continue and more importantly will proceedings issued and served before that date be protected and dealt with under the old regime or the new ? All considerations for those of us who travel regularly between North and South and susceptible to having accidents in the North or in the UK. More Brexit convolutions

23/10/2019

This week we touch upon the subject of a Will and perhaps dispel some of the myths. Contrary to popular belief, your toes do not need to be curling up before you surrender to the notion of making a Will and that you do so with your last breath and it does not have to be an ordeal. In fact, I'm glad to say that more recent generations have taken the responsible view and the practical one that making a Will is the right thing to do. Ultimately if done correctly it will save some really awful situations arising later. The beauty about making a Will is that you can change it as often as you wish provided you are still legally mentally capable of doing so.It's not advisable to attempt drafting a Will yourself as there are strict rules governing the making and proving of Wills. In addition, Wills are often attacked for some of the most legally common reasons such as alleged duress, lack of testamentary capacity or technical irregularity. When made by a solicitor, he or she will be conscious of these issues and attempt as far as possible to anticipate and provide for them and have a note with the Will setting out the thought process behind the Will as drafted. Don't forget that if you reach a point where you should be making a Will but have left it on the long finger, you may no longer be considered to be legally competent to make one. Some other issues that will also be covered would relate to what happens if both you and your partner/spouse die leaving minor children. A Will would include provision for the appointment of Guardians for those children bearing in mind both guardians are dead, as well as leaving a structure in place financially for the children. We would encourage everyone, regardless of how big or small your assets might be, to make a Will,particularly so where you have a family. I hope this encourages you to consider making a Will if you have not done so already.

14/10/2019

This week we look at car insurance and more particularly being prosecuted criminally for no insurance. You would be excused if you said "sure if I have an insurance certificate valid and in force at the time how could I be prosecuted and convicted for having no insurance ?" Fair comment, but look carefully at your policy. We have come across instances where even when one looks at the certificate of insurance and it appears to clearly cover the driver the Gardai require the actual policy to check exclusions to cover. A very recent development here is the argument that without a valid NCT certificate you can be held to have committed the offence of driving without insurance. This is so even where an examination of your certificate of insurance makes no reference to such limitation. Invariably now reference is made in the fine print to a car having to have a valid and current NCT cert. Furthermore, stating that you have booked an appointment for NCT in circumstances where your current cert has expired is no defence. Driving someone else's car and relying upon your own insurance cover to do so means you must also check that the other car has a valid NCT cert even where your own car has one. As with all insurance matters READ THE FINE PRINT!

11/10/2019

Will be posting a weekly article on Insurance matters from next week. Let us know if there is anything in particular you would be interested in reading a short article about

21/12/2017

Very True.

12/12/2017

If you have any pre-purchase contract queries, contact our offices.

The Irish Times would like to hear from readers who have experienced problems buying a new home

22/03/2017

Appointment Available next week. Call to Book. 0429740064

Will/Probate
Purchase/ Sale
Transfer
Road Traffic Accident
Personal Injury
Employment
Contract
District Court : Carrickmacross / Monaghan

Wilkie and Flanagan Solicitors
Offices: Monaghan, Castleblayney and Carrickmacross
Specialising in Personal Injuries, Work Accidents, Wills/Probate, Contract Law, and Conveyancing.

Call now to make your appointment for a Consultation with a Solicitor.

08/03/2017

24/02/2017

Appointments Available Next Week Call 0429740064.

Wilkie and Flanagan Solicitors
Offices: Monaghan, Castleblayney and Carrickmacross
Specialising in Personal Injuries, Work Accidents, Wills/Probate, Contract Law, and Conveyancing.

Call now to make your appointment for a Consultation with a Solicitor.

24/02/2017

Wilkie and Flanagan Solicitors 0429740064
Monaghan, Castleblayney, Carrickmacross

Personal Injury claims

Do I have a Personal Injury Claim?

The first question about personal injury claims in Ireland that many clients ask their solicitor after they have been involved in an accident is if they really have a valid injury claim.

In addressing this question, your solicitor will consider a range of factors, including the existence of an actual injury, negligence, liability, statute of limitations, and other important issues.

Call Wilkie and Flanagan for your consultation.