Tughans Solicitors

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

New Bankruptcy and Companies Master Guidance

As of 10 May 2022, the Bankruptcy and Companies Master published new guidance covering the changes to restrictions of bankruptcy petitions. The guidance highlights the key update which is the lifting of restrictions on creditors’ bankruptcy petitions (non-Crown).   These changes are incorporated under the Corporate Insolvency and Governance Act 2020.   Creditors’ Banruptcy Petitions... Read More

Promoting Wellbeing and Good Mental Health in the Workplace

During Mental Health Awareness Week 2022 we take time to consider an employer’s responsibilities with regards to mental health.   Promoting wellbeing and good mental health remains an important issue for every employer. As we slowly emerge from the coronavirus pandemic, we have seen real resilience in the workplace, however, it remains critical that employers... Read More

NI Discount Rate set at minus 1.50%

Following a public consultation process, the Damages (Return on Investment) Act (Northern Ireland) 2022 received Royal Assent on 2nd February 2022. This provided for the methodology to be used when setting the rate and gave responsibility for doing so to the Government Actuary.   The Government Actuary has now confirmed that the Northern Ireland Personal... Read More

Court of Appeal weighs in on Vicarious Liability and Non-delegable Duty of Care

Summary The Court of Appeal have handed down judgment in Hughes v Rattan EWCA Civ 107, upholding the Claimant’s case that the Defendant (the principal dentist) owed her a non-delegable duty of care despite never having treated her himself. The Court however disagreed with the decision of the High Court judge, in obiter, on... Read More

Managing menopause in the workplace

Over the last year there has been an increased scrutiny placed by the media on menopause issues and also an increase in claims to the Employment Tribunal on the grounds of menopause, something which historically was considered a “taboo” subject.  As this is now changing and being more openly discussed, it is important to remind... Read More