Tughans Solicitors

Windsor Framework & The Stormont Brake – The Impacts and Inputs of Business

The proposed “Windsor Framework” was announced by the UK and EU authorities on 27 February 2023, and heralded as a major breakthrough – one that would answer the Northern Ireland question, hopefully paving the way for the restoration of the Northern Ireland Executive. While it is still being mulled over by various important parties, and... Read More

International Women’s Day – Equality vs Equity – What’s the Difference?

In light of International Women’s Day, it is essential that we not only embrace equality but also #EmbraceEquity. But what actually is equity? Isn’t it the same thing as equality? The two words are often confused and used interchangeably, but, despite their similarity, they are intrinsically different. The IWD website has given each word the... Read More

Disappointed widow awarded half of late husband’s estate in successful “family provision” claim

In a recent England & Wales High court judgement (Kaur v Estate of Karnail Singh EWHC 304 Fam) the Claimant, Harbans Kaur, was successful in her claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (equivalent to the Inheritance (Provision for Family and Dependants) (NI) Order 1979 in... Read More

E-scooters: A Warning to Users

E-scooters, and the wider micro-mobility market, is booming at present. But do e-scooter users know the risks they face?   E-scooters and the Law Few people realise that e-scooters are illegal in public spaces in Northern Ireland. The law states that e-scooters should only be used on private land with the landowner’s permission. To be... Read More

The Golden “Rule”? A reflection on the recent judgment in McQuaid v McQuaid.

In a judgement that will be considered a welcome reassurance to estate planning lawyers, the High Court of Justice in Northern Ireland has rejected a disappointed son’s challenge to his father’s will, confirming that “intermittent confusion” does not equate to lack of testamentary capacity.   Background   Mr McQuaid, the 73 year old testator, had... Read More

Hospital investigations & discovery: Where is the line drawn?

The High Court in Dublin in the case of Cliona O’Keeffe And Alan Doran And Governor And Guardians Of The Hospital For The Relief Of The Poor Lying In Women Dublin 2022 463 dealt with the issue of non-disclosure of statements made during risk management enquiries.   Background The Judgment arises from a tragic... Read More

The Register of Overseas Entities – What does it mean for NI property transactions?

On 15 March 2022, the Economic Crime (Transparency and Enforcement) Act 2022 came into force. In this article, we consider the impact of this Act on property transactions in Northern Ireland. In short, from 5 September 2022 any overseas entity wishing to deal with registrable land and property in Northern Ireland must register with the... Read More

Holiday homes: The importance of cross-border estate planning

It’s at this time of year that many of us head off on holiday, with plenty of people seeking the sunshine, or simply a break from the norm.   Whether it’s for investment purposes, retirement or simply for holiday-making, the number of people in the UK owning property abroad has been on the increase for... Read More

Laissez-faire litigation approach won’t cut it

The High Court in Dublin in the case of Patrick Rooney v Health Service Executive IEHC 132, has made an order to strike out the proceedings due to inordinate and inexcusable delay. This delay relates to a failure by the Plaintiff to progress the proceedings, which had not evolved since the issuing of a... Read More

Return to work or hybrid working? The legal considerations for an employer

The landscape of the working environment has changed substantially since the global pandemic. Many businesses have been forced to reconsider working practices, with many now allowing hybrid or remote working to provide a safe system of working, and keep staff engaged. However, as covid restrictions have relaxed, some businesses are finding it difficult to attract... Read More