We provide
comprehensive practical advice to assist start-up and existing Small
and Medium sized enterprises (SME's) to achieve the results they want
in the following areas of Business Law:
- Business
Documentation
- Business
Structures
- Contracts/Advice
- Commercial
Leases
- Companies
Formation
- Company
Finance and Mortgages
- Dispute
Resolution & Litigation Services
- Franchising
- Intellectual
Property
- Joint
Venture Agreements
- Partnership
Agreements
- Sales
and Purchases of Business
- Shareholders'
Agreements
Go To Top Of Page
Conveyancing
We handle all
aspects of Conveyancing and other residential property matters including:
- house sales and
purchases
- mortgages and re-mortgages
- residential lettings
- property development
- agricultural land
transactions
- voluntary transfers
- site purchases and
transfers
Stiofan
Fitzpatrick Solicitors are committed to offering a high quality conveyancing
service at an extremely at an unbeatable price.
Our commitment
to you - in respect of all aspects of the service - is set out below.
- Your phone calls
will be returned.
- You
will be kept in regular touch with progress, either by letter, phone
call, email or text according to your choice.
- We
will use plain English. We will not use technical jargon without explaining
it to you.
- Telephone
calls, faxes and e-mails will be answered on the same working day or,
if this is not possible, on the next working day.
- You
will be informed promptly and in advance of any unusual or unanticipated
expenses/delays.
- All
communications from third parties (such as solicitors, estate agents
etc) will be responded to promptly.
Arrange
your free consultation today.
Go To Top Of Page
Criminal law
Expert advice and representation
If you or a friend or relative are arrested or facing prosecution for any kind of criminal offence, the advice and support of a specialist criminal law solicitor is absolutely essential.
Stiofan Fitzpatrick Solicitors are experts in dealing with all types of criminal offence, including Road Traffic Offences. We handle all criminal law matters in a sensitive, efficient and professional manner, keeping clients informed at every stage of the process. We work hard to obtain the best result possible for those we represent by influencing and challenging decisions from the first stage of a Garda station enquiry through to any subsequent trial and sentence.
We undertake private paying and publicly funded (Legal Aid) work and offer a free initial consultation.
We deal with criminal cases, including Legal Aid, at all levels including at the:
- Garda station
- District Court
- Circuit Court
- High Court
- Court of Criminal Appeal
If you or someone you know are arrested or are being asked to answer questions from the Gardai, it is vital that you have the very best representation from the earliest possible time. What you say and what you do in that interview can have significant impact on any subsequent criminal proceedings in. We will provide prompt help, advice and attendance.
Go To Top Of Page
Debt
Collection
At
Stiofan Fitzpatrick Solicitors we understand the immediate need of
businesses to maintain a steady Cash flow and to ensure the prompt payment
of debts.
In
the current economic climate, survival of a business requires efficient
Debt Collection procedures. If debts are outstanding for more than three
months we recommend that clients use our services to ensure that an
outstanding debt does not become a bad debt.
We
can assist clients, whether large or small, in achieving this aim on
a cost effective basis by means of our debt collection team.
Once
a demand letter is ignored we aim to obtain a Judgment
for our clients so that they can enforce
the Judgment and in
order that our clients get ahead of unsecured creditors.
We have a transparent Fee Structure and keep our clients
informed with regular updates and we operate a "no surprises"
policy by advising our clients in advance of any costs risk so that
an informed decision can be made about proceeding with legal action.
The
stages in the debt collection process
1.
Demand Letter
Although
not a requirement, it is best practice to give a debtor one final opportunity
to make payment or make a proposal. This letter will warn that legal
proceedings will be issued unless payment is received within fourteen
days.
2.
Issuing legal proceedings
If
a satisfactory response has not been received in that period, proceedings
can be issued in either the District Court (up to Eur6,348.50), Circuit
Court (Eur6,348.50 up to Eur38,091) or High Court (above Eur38,091),
depending on the amount of the debt. The proceedings will either be
defended, in which case a Judge will decide it there is a valid claim
or not, or ignored in which case the creditor can seek judgment in default
of Appearance or in default of Defence provided service can be proved
to the satisfaction of the relevant court office.
3.
Judgment
If
no response is given or a Judge deems there to be a valid claim for
monies owed, then a judgment against the debtor is issued by the relevant
court office, for the amount of the debt plus costs.
WARNING:
A JUDGMENT DOES NOT ALWAYS MEAN THAT THE CREDITOR WILL BE
REPAID HIS DEBT. THE CREDITOR MUST NOW ENFORCE JUDGMENT
4.
Enforcement
The
Judgment Creditor has a number of options to enforce the judgment.
(The
Judgment Creditor is entitled to interest at 8% per annum from the date
of judgment.)
These
Orders are available where a third party owes money to the Debtor. The
Court can order the third party to pay the money to the judgment creditor
instead of the Debtor. Garnishee Order can be obtained where the debt
is already due to the Debtor but not yet paid by the third party. Receiver
by way of Equitable Execution - This is where the money will become
due in the future by the third party to the Debtor.
This
judgment can be registered as a mortgage over any land or property owned
or part owned by the debtor. It prevents the property being sold and
you have the right to have the property sold off and the proceeds used
to pay the debt.
A
judgment mortgage can entitle a judgment creditor to apply to court
to have the property sold to enable the debt to be discharged.
All
judgments will then appear accordingly in the Gazettes of the Dun &
Bradstreet (Stubb's) and the Irish Trade Protection Association (ITPA).
An
application is made to the District Court regardless of the size of
the Judgment for the Debtor to be examined as to his means and the Court
is entitled to make an order requiring the debt to be discharged in
installments, usually on a mConveyancingonthly basis.
An
application is made to the District Court for the Committal of the Debtor
to prison for failure to comply with an Installment Order.
This
applies only when the debtor is an individual and the debt is very large.
It usually means that the debtor will lose everything he/she owns.
The
Judgment Creditor may petition the High Court to request the winding-up
of the debtor company and that a liquidator be appointed. The Liquidator
must then sell all the assets of the company and distribute the proceeds
to the creditors.
Call
now and we will arrange a free appointment to discuss your individual
case and available options.
Go To Top Of Page
Employment law
Our experience in this area includes the following areas:
- Unfair Dismissal
- Constructive Dismissal
- Redundancies
- Bullying and harassment
- Employment contracts/staff handbooks
- Personnel policies and procedures
- Executive service contracts
- Restrictive covenants
- Transfer of undertakings
- Outsourcing
- Trade disputes
- Executive severance packages
- Termination of employment
- Employment equality/discrimination
- Health and safety
- Protective leave
- Immigration and work permits
- Representation at Employment Appeals Tribunal, Labour Court, Equality Tribunal.
In addition we are also happy to advise clients in relation to the following areas:
- Drafting and reviewing employment agreements, executive/directors? service contracts, personnel policies and procedures including grievance and disciplinary procedures, bullying and harassment policies, email/internet use policies, staff handbooks and general employment advice to employers.
- Advice on all aspects of employment legislation including unfair dismissal, redundancy, working time and holidays, protective leave, and health and safety.
- Advice and representation in relation to employment disputes including unfair dismissal and other statutory claims, civil court claims including breach of contract and wrongful dismissal, dismissal injunctions, restraint of trade injunctions, negotiation of agreed terminations and executive severance packages, representation at Labour Court and Rights Commissioner hearings.
- Advice on all aspects of trade disputes including strikes and other forms of industrial action, injunctions in the context of strikes or industrial action, claims under the Industrial Relations Acts.
- Contractual working including part-time work, fixed-term work, agency work, job sharing, flexible working arrangements, e-working.
- Immigration law including advice on obtaining work permits and work authorisations.
- Conducting disciplinary processes, appeal hearings and internal investigations such as bullying and harassment issues.
- Discrimination, equal pay, employment equality and diversity issues, claims under the Employment Equality Act, 1998 and the Equal Status Act, 2000.
Employees and Employers contact us now for your initial free consultation in relation to any of the above matters.
Go To Top Of Page
Family law
If you find that your marriage is in difficulty you're not any different to the thousands of others who are going through the same anxiety and you're certainly not alone.
You may well be worried about the future, fearful for your finances, concerned for your home and your children.
Getting the best advice
You may want to initiate proceedings to end an unhappy relationship or you may be on the receiving end of legal proceedings from your partner.
In either case, you will need expert help.
Our experience
Stiofan Fitzpatrick Solicitors are highly experienced at helping when relationships go wrong, providing the very best advice on:
- Separation Agreements
- Judicial Separation
- Agreements following mediation
- Divorce
- Uncontested divorces
- Guardianship
- Custody
- Paternity cases
- Child abduction both domestic and international
- Access
- Financial disputes
- Maintenance matters
Contact us for your initial free and confidential consultation.
Go To Top Of Page
Insolvency
We offer advice
on:
- Corporate
insolvency
- Sales
of assets
- Creditors'
meetings
- Liquidations,
examinerships & receivership
- Fixed
and floating charges
- Debt
reconstruction & consolidation
- Fraudulent
& wrongful trading
- Director's
disqualification
Contact
us today for to arrange a free consultation on any of the above topics.
Go To Top Of Page
Landlord
& tenant
Representing
Landlords In Disputes
We can help
landlords in the following situations:
- Advising
Landlords in a Rent Review
- Advising
Landlords on the termination of a tenancy
- Advising
Landlords on an application for a new business tenancy
- Drafting
and advising on new leases
- Acting
for landlords in an application to the Private Residential Tenancies
Board
Representing
Tenants In Disputes
- Advising
tenants on a new lease.
- Advising
tenants on their rights under the lease and legislation
- Acting
for tenants in a dispute with a landlord
- Acting
for tenants in an application to the Private Residential Tenancies Board
Following
your free consultation we will give you an indication on costs.
Go To Top Of Page
Litigation
We have extensive
experience of litigation and court proceedings from the District Court
to the Supreme Court.
We provide
advice and representation in all aspects of contentious disputes and
litigation between individuals and corporations and in particular:
- Property
disputes
- Medical
negligence
- Personal
Injuries
- Road
Traffic Offences
- Consumer rights
- Employment
Disputes
- Building disputes
- Product liability
- Employee and public
liability claims
- Professional negligence
- Judicial review
- Occupiers liability
If you think
you may need advice on any of the matters mentioned above, please
arrange a free consultation and we can advise you on your entitlements
or remedies.
Go To Top Of Page
Liquor Licensing
Our solicitors
have experience and expertise in all aspect of Liquor Licensing Law
and advise publicans, hoteliers, restaurants, clubs and off-license
proprietors regarding:-
- the licensing of
premises;
- the sale and purchase
of licensed premises;
- contracts for the
transfer of liquor licenses;
- prosecutions under
the Licensing Acts;
- Exemptions, Extensions
and Occasional Licenses;
- Applications of
Club renewals;
- Applications for
restaurant certificates;
Call now and arrange a free
consultation.
Go To Top Of Page
Personal Injuries
You may
well be able to claim compensation for the injuries that you have sustained
and any losses you may have incurred.
At Stiofan
Fitzpatrick Solicitors, we focus on the human element of every case
and we make every effort to ensure that individuals achieve the best
possible outcome that the law will permit. Your welfare is our priority
and we are committed to acting in your best interest at all times. We
offer a free initial consultation, we use plain language and we provide
practical and impartial advice through every stage of the claims process.
The Claims
Process
Initial consultations
are free of charge and without obligation and during this first interview
we will take the details of your accident and injuries and answer any
questions you may have. We will weigh up your claim immediately and
if you have a valid claim for personal injury compensation, we will
inform you of your options. It is very important that your claim is
presented fully and comprehensively so that you receive the full level
of compensation to which you are entitled and we have the experience
to do this for you.
Have I A
Case?
If you have
suffered injury, loss, damage or expense as a result of the negligent
act of omission of another party, then you may be entitled to compensation
from that other party or his/her insurers. It is important to note that
many valid claims are never brought because an injured party feels the
accident was his own fault, whereas the primary cause of the accident
may well rest with some other party, and the injured party's own carelessness
may only have been a contributing factor. In such cases the courts may
apportion Liability. It is therefore always advisable to consult a solicitor
concerning any injury resulting from an accident.
Since
recent times all such claims (with some small exceptions) must now
be made through the Personal
Injuries Assessment Board
(now known as the Injuries Board) initially, who will assess the matter.
We will present your case to the Injuries Board in the best light possible
to obtain compensation. The
Injuries Board will then notify the other side of the application. The
other side has the option of consenting to the Injuries Board Assessment
Procedure, or of declining. If they decline, then the Board take no
further part, and we will then issue Court Proceedings for compensation
for your injuries, loss, damage and expense.
If the other
side consent to the Assessment, then the Board will consider your application
as furnished including the medical reports furnished by both sides,
and possibly any independent medical reports commissioned. The Board
will then produce an assessment of the claim. There is no oral hearing.
If you are willing to accept this Assessment and provided the other
side are willing to pay it, then this is the end of the matter. However
if either you or the other side does not accept the Assessment, then
the claim will proceed under the former system of Court Litigation, for compensation for
your injuries as well as to recover loss of earnings, medical expenses
and any other expense incurred as a result of the injuries.
At Stiofan
Fitzpatrick, Solicitors, we have extensive experience of guiding clients
through the process of claiming compensation for personal injuries*.
Statute
of Limitations
Subject to
certain very strict exceptions, you have two years from the date of
your accident to commence legal proceedings for compensation. If this
period has expired, even by one day, then your claim is Statute Barred
from proceeding. In should be noted that it can take time to have legal
proceedings issued so you should not leave it until the last few weeks
before expiry of the statute before instructing your solicitor in the
matter.
The above is
a brief synopsis of this complex area of law and it is very important
if you feel that you have suffered an injury that you should be compensated
for, to contact us immediately to avail of your Free consultation, so
that we can assess your claim and guide you through the process so as
to best achieve the highest amount of compensation to which you are
entitled.
*In contentious
business, a solicitor may not calculate fees or other
charges as a percentage or proportion of any award or settlement
Go To Top Of Page
Wills & Probate
If
you have any questions about making a will, send us an email or give
us a call
- You
can leave your property, money and other assets to the people you want.
Without a will, the law takes over, which could mean family, friends
or charities would miss out altogether.
- You
can choose your children's guardian. Your children's future is protected
if you choose a legal guardian to be responsible for their upbringing
in the event of your death. You need to get the person's permission
before nominating them, of course. If you don't specify anyone, it will
be left to surviving relatives to sort out who looks after your children,
and it may be someone you would never have chosen yourself or there
may be a dispute as to who should look after your children. It is also
important to give the guardians powers to deal with your assets in order
that there is sufficient resources to pay for your children's living
and educational expenses.
- Your
partner may benefit. Unmarried partners cannot inherit from each other
unless there's a will. Your partner could end up with nothing.
- You
can ensure your will is tax efficient. This is important if you've got
a lot to leave, and it'll safeguard the money that goes to your family.
- The
age of 18 is very young to inherit. In contrast most wills seek to increase
the age of inheritance to 21.
Failure
to plan your affairs in the form of a will can have unhappy consequences
for your family and loved ones.
Even
if you have no close family, it is no reason not to make a will as should
you die without a will and in the event of no next of kin being traced
your estate would go to the State.
Making
a will allows you to choose your own executor, the person who will wind
up your estate and deal with your affairs after your death. The appointment Conveyancing
of your executor is important as they must ensure that your estate is
distributed as per your will instructions. If you do not appoint an
executor, beneficiaries administer the estate of the deceased; they
may not be suitable to deal with large sums of money or in some cases
a business.
A
will enables you to decide how your body will be dealt with after death
– cremated or buried and the type of funeral service and whether your
body parts can be used for medical purposes.
We
make preparation of a will a quick and straightforward process regardless
of your circumstances giving you and your loved ones peace of mind now
and in the future.
We
also provide a full service with regard to the administration of estates
after death, in a calm and assuring manner to take the stress out of
what is always a difficult process for any family to endure. If a will
has been made it must be proved to be a valid will by submitting an
application to The Probate Office. This is known as "extracting
a Grant Of Probate". If there is no will made then an Administrator
must apply to the Probate Office to be appointed Administrator and this
is known as "extracting a Grant of Administration". A Tax
Return must also be made to the Revenue.
- Preparation
of Wills
- Reviewing,
updating and amending existing arrangements
- Tax
planning and Inheritance Tax
- Probate
and administration of estates
- Deeds
of Variation
- Inheritance
and disputed estate claims
- Preparation
of enduring powers of attorney
- Advice
on the gifting of assets during lifetime
Make an
appointment to discuss your options immediately.
Go To Top Of Page
