Court Work

Much of the District Court procedure involves making orders and penalising summary offences. Examples of such include Road Traffic Act offences such as ‘drink driving’ or ‘driving without insurance’ and summary criminal offences such as ‘being drunk in a public place’ or ‘disorderly conduct in a public place’. Often these orders and penalties are handed out without any defence being put forward; where a defence may have mitigated the fine payable or even quashed the conviction altogether. More serious offences are dealt with through the Circuit, Special Criminal, High and Supreme Courts. Although E.C. Murray and Co represents clients on all aspects of Court Work, our main expertise is in the area of Road Traffic Act offences.

Road Traffic Act Offences

If you feel you are being penalised for a road traffic offence somewhat unfairly, we can best advise you whether or not going to court is an option. If so, we will argue strongly on your behalf in court. While the courts often do not accept defences to charges in this area; common sense usually prevails in situations where it would be unjust to make an order or inflict a penalty. At E.C. Murray & Co we not only pride ourselves on our integrity but also in ensuring that the integrity of the legal system in which we practise is upheld. Therefore, we wish to ensure all cases where injustice may arise are avoided.

 

Conveyancing/Property Law

Conveyancing is the legal procedure through which an ownership interest in land is created, transferred or extinguished. This legal procedure also incorporates the creation of a mortgage or re-mortgaging of property. The majority of conveyancing stems from the purchase and sale of property.

Buying and selling property involves a number of stages where important decisions have to be made. Such decisions include:

  • The negotiation of price.

  • The type of mortgage that will be granted and the formation of the terms of same.
  • The drafting, agreement and signing of contracts.
  • Transfer and signing of deeds.
  • Conclusion of mortgage agreement.
  • Registration with the Property Registration Authority.

At EC Murray and Co we understand the major decisions and implications involved in this area and will use our skills to help you through each of the different stages. If you are buying, selling, transferring title, or re-mortgaging property we will endeavour to carry out your conveyance in a swift and efficient as possible.

Commercial Debt Services

Businesses, like individuals, may take legal action to enforce their rights. Commercial disputes can be time-consuming, affect productivity and bring a businesses integrity into disrepute. Therefore, it is important that all conflicts be resolved as efficiently and effectively as possible.

Debt recovery is an example of an area where commercial disputes may arise. It is also an area where legal intervention can be very effective. Often a letter from a solicitor alone is enough to ensure recovery. If this is not successful then legal action is effectively the only alternative that will ensure the conclusion of the issue.

At E.C. Murray and Co. we will act on behalf of your business to ensure the resolution of a conflict or dispute. We will advise you of your best options and ensure your interests are secured on the best possible terms. As regards debt ,we will act proactively and vigorously to ensure those debts that can be recovered, will be recovered.

Probate and Wills

Probate is the term given to the process involving the administration of a deceased’s estate. Making a will is crucial in order to ensure your assets are disposed of according to your wishes and in a timely manner. It is also important as the non-existence of a will can lead to disputes and the process generally takes a lot longer, as it usually involves court action. Although, wills can be made or updated at any time, you should certainly consider making or updating a will in the following circumstances:

  • Marriage – previous Wills are revoked when you get married.
  • Separation or divorce.
  • If you are in a long-term relationship but have not married.
  • Where children are involved (Who takes care of them, holds property in trust for them, etc.)
  • If you own or inherit a business, property, or other important assets.
  • To have your estate distributed in a tax efficient manner.

The Law involving inheritance, probate and the making of wills is well regulated in Ireland which has it’s positives and negatives. It ensures assets are distributed according to clear rules governing both the existence and non existence of a will. However, the various rules involved in making a will means that the best way to ensure that a will is valid is to seek the advices of a solicitor.

At E.C. Murray and Co we acknowledge the importance of drafting a will in guaranteeing that one’s loved ones are taken care of after your departure. The importance of this is proved through our probate service which seeks to ensure that the exact terms of your will are met. We are flexible to all circumstances and are available for house calls where necessary.

 

Personal Injuries

Personal Injuries can arise in many different ways and can have various different psychological or physical effects. The general rule is that if you have suffered a personal injury as a result of another’s negligence you are entitled to compensation. The main areas which personal injuries arise are:

  • Road Traffic Accidents

  • Accidents at Work

  • Public Liability

  • Medical Negligence

Road Traffic Accidents

Although most accidents are relatively straightforward, they become more complicated where there is difficulty establishing liability and personal injuries are involved. The court may apportion liability between the parties where both are found to be in the wrong. Injured parties are allowed recover any out of pocket expenses such as medical expenses and loss of income.

Accidents at Work

All employers have a responsibility towards their employees to provide a safe place of work, a safe system of work, suitable co-employees and safe equipment. These responsibilities are not exhaustive and indeed the key question will revolve around whether or not the employer was negligent. If an employer appears to fail with regard to a responsibility and personal injury ensues, then the employee may take action.

Public Liability

Any premises which allows public access andwhere  injury occurs as a result of the premises not being properly maintained may be subject to a public liability claim. Even premises which do not allow public access may be liable if it is foreseeable that a trespasser may come onto the premises.

Medical Negligence

Health Boards, Hospitals and Doctors each have a responsibility to ensure that patients are treated properly and with care. A high standard of care is expected of doctors both in their general work and performing surgery. Likewise, hospitals are responsible for their staff and the condition of the hospital. Health Boards are responsible for ensuring high standards of health care as a whole.

The head of EC Murray and Co, Eamonn Murray, has extensive experience in each of the above areas; both from a legal and insurance perspective. Consequently, his knowledge and experience goes beyond that of your average lawyer. For the best advice, contact us to arrange a consultation.

Litigation

Litigation literally means to engage in legal proceedings. It refers to the bringing of a law suit by one party against another to enforce a right. The main areas in which we practice are as follows:

  • Contractual Disputes

  • Landlord and Tenant Law

  • Property Disputes

  • Employment Law

  • Insurance Claims

Contractual Disputes

A contract is a legally binding agreement which means that the terms of the contract must be adhered to. A contract can be made orally, in writing, or by agreement. It can be discharged i.e. brought to an end in four different ways namely; performance of the terms of the contract, agreement between the parties to ignore or relax certain parts of the contract, breach of the contract, or frustration of the contract. Naturally, if there is performance or an agreement is proven, there can be no dispute. However, the performance must be of the contract as a whole. Likewise, if the agreement excludes or relaxes part of the contract, the other part must be fulfilled. Breach is the most common reason for a dispute arising and legal action is often required to compensate for the damage caused. Frustration arises where an unforeseen event occurs which causes the contract to become inapplicable. An example of such an event would be the death or incapacity of one of the parties to a contract.

Landlord and Tenant Law

A lease to rent land, commercial, or residential property should be carefully drafted. A lease is a contract and as discussed above litigation may arise for breach of same. If no lease exists, parties may still enforce their rights through the equitable doctrine of part performance. The Residential Tenancies Act 2004 has made major changes to the law concerning residential lettings. The establishment of the Residential Tenancies Board has helped to solve disputes quicker. However, the act has also placed many onerous responsibilities on landlords which, if not complied with, may cause problems in the future

Property Disputes

You have a right to healthy, peaceful and comfortable enjoyment of your property. Where these rights are infringed you may seek to have these rights enforced and often legal action may be your only option. Property disputes come in many forms and the following are examples of the most common:

  • Trespass

  • Nuisance

  • Adverse possession and boundary disputes

  • Rights of way

  • Specific performance

  • Judicial review of planning and other related matters

  • Breach of a covenant such as the right to quiet and peaceful enjoyment

Employment Law

There is an immense amount of law regulating the employer and employee relationship. The following are examples of some of the legislation in the area:

Much of the litigation in this area does not involve the regular court process, with a number of independent bodies established to deal with such disputes. Examples of such bodes include, the Labour Relations Commission, the Labour Court and the Equality Authority.

Insurance Claims

Through the experience gained through sister company O’Shea Insurances; EC Murray & Co have both the insurance ‘know how’ and the legal expertise to get the best results for our clients. We have helped several clients originally refused payment succeed in their claim.

Litigation is often the last resort for parties in resolving disputes. In recent years, there has been a move towards resolving such claims through out of court boards or tribunals. These have been established with the aim of resolving disputes in a fast, proficient and coherent manner. If you have issues in any of these areas E.C. Murray & Co will be able to advise you of your options and help you be successful in your claim.

 

Family Law

This area of law can be divided into two main categories; relationship breakdown and custody of children. Relationship breakdown can be remedied through separation, divorce or, in exceptional circumstances, nullity. Custody disputes can arise as a result of the aforementioned or regarding guardianship or adoption.

Separation

Separation involves a legally binding agreement negotiated between two spouses governing their rights and duties to each other and their children. Separation can also be granted by the Court where an agreement cannot be reached.

Divorce

Divorce formally brings a marriage to an end. A number of preconditions must be satisfied before a decree of divorce may be granted. These are as follows:

  • The spouses must have been living apart for a period of four out of the previous five years.

  • There must be no reasonable prospect of reconciliation between the parties.

  • Both spouses and children if any must be adequately and sufficiently provided for.

In Irish Law divorce is not designed to be a simple and straightforward process and therefore it is imperative that each party has a competent and skilled Solicitor to guide them through the process.

Nullity

As noted, this may only be granted in exceptional circumstances. It must be granted by the court and there must be a fundamental flaw or defect in the actual marriage such as lack of consent or capacity.

Custody

These disputes most frequently arise between couples married and unmarried who have children and separate. Whereas one parent can only be granted custody the other will usually be granted rights of access. In the process of custody as well as those of guardianship or adoption, the rights of the child are paramount.

Family Law is a complex area legally and it inevitably is difficult for the parties involved. At EC Murray and Co we understand the sensitive nature of the issues at hand and endeavour to resolve disputes in a calm, sympathetic and professional manner. Our aim is to make the process as simple and straightforward as possible for our clients while striving at all times to obtain the best result for them.

 

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