Lorraine Gallagher is suing Donegal Vocational Education Committee now Donegal Education Training Board following the death of her daughter Erin 13. Erin took her own life in October last year amid claims that she was being bullied at school and online. She was a secondary school pupil at Finn Valley College in Stranorlar. Her older sister Shannon 15 also took her own life just a few weeks later, saying she could not go on without Erin.Ms Gallagher 37 is claiming damages for mental distress. Her legal team claims the school failed in its duty of care to provide a "controlled, monitored, safe, supervised working environment" for Erin. The family's solicitor, Patsy Gallagher, confirmed that he has now served legal papers on the Donegal ETB. via Mother of suicide girls in legal action against...Read more
What is this property worth in today's market?
An agent should arm you with plenty of comparables -- prices of similar, nearby homes that have been sold recently -- along with high and low ranges for a particular property, Boring says. Your agent can tell you how long homes are staying on the market, and the percentage of the asking price sellers are getting, says Dick Gaylord, past president of the National Association of Realtors and broker with Re/Max Real Estate...Read more
Over 50% of hospitals in Ireland do not have policies or guidelines in place to promote open disclosure following adverse events, a major Dublin medical negligence conference has been told. Open disclosure is defined as an open discussion of incidents that result in harm to a patient. This includes expressing regret for what happened, keeping the patient/family informed and taking steps to prevent a recurrence. However, a conference organised by the groups Action Against Medical Accidents and the Medical Injuries Alliance was told that Irish hospitals were often reluctant for legal, financial, reputational or other reasons to apologise or communicate properly with patients following an adverse event. This, the conference was told, often leads to lengthy litigation and prolonged stress for victims as well as for hospital staff involved. A system of more...Read more
On Thursday 26 September, the Court of Justice of the European Union "CJEU" released legal opinions on two recent cases regarding leave entitlements for women who had children via a surrogate mother. Both women argued that they had equal rights to women who actually gave birth. The rulings are the first time the Court has issued an opinion on whether the right to receive maternity leave under the EU Pregnant Workers Directive 1992 extends to mothers who have had a baby via a surrogacy. In Z v A Government Department and the Board of Management of a Community School C-363/12, Ms Z applied to her school for adoptive leave but was refused paid leave of absence since there is no express provision in Irish legislation for leave arising from the birth...Read more
The Ombudsman (Amendment) Act 2012 brings over 180 additional public bodies under the remit of the Ombudsman with effect from 1 May 2013. It is not possible to supply a definitive list of these public bodies as the Act provides for a general description of the types of "reviewable agencies" that will come within remit. However, this Office has compiled an indicative list of these public bodies. The Ombudsman can examine complaints in relation to the 'administrative actions' of these public bodies which occur on or after 1 May 2013 only. The Act contains a specific list of public bodies which are not within the Ombudsman's remit. via Ombudsman Amendment Act 2012 - The Office of the Ombudsman....Read more
A survey of MPs in the UK has revealed that 69% of Parliamentarians agree there is a mistaken belief in the existence of “common law marriage” among their constituents, and that 57% believe the law needs to be changed to provide greater protection for unmarried couples upon separation. New polling shows 7 in 10 Parliamentarians agree there is a mistaken belief in common law marriage. Three quarters of MPs agree legal rights for unmarried cohabiting couples unclear, with 60% believing there is a need for greater legal protection for unmarried couples upon separation. Results come as Liberal Democrats due to debate issue at Party Conference today. read more at “Common Law Marriage” myth needs addressing, say MPs - Media centre - Resolution - first for family law....Read more
The Justice Minister Alan Shatter is proposing a referendum to overhaul the courts. Mr Shatter said the plans, approved by Cabinet, include a move to amend article 34 of the Constitution, in order to allow the Oireachtas to establish a Court of Civil Appeal and new family courts. He is also in favour of changes to procedures under Article 26 which allows a President to refer a bill to the Supreme Court, in order to test its constitutionality. Minister Shatter announced the plans at the launch of the Courts Service Annual Report....Read more