Comyn Kelleher Tobin, CKT, Solicitors Cork and Dublin

Covid-19 Update

An update for our clients. Our Solicitors are continuing to provide a full service to our clients, while taking all appropriate measures to play our part in containing the spread of the virus.

Constitutionality of s.9(2)(b) of the Civil Liability Act 1961 upheld

Mr. Justice Noonan has delivered a decision providing guidance as to when a matter may proceed by way of a trial on a preliminary point of law arising in advance of a plenary hearing.

Alison Kelleher to speak at ADR 20/20 seminar in UCC

Alison Kelleher, Partner, CKT, to speak at ADR 20/20 seminar in UCC on Tuesday 3rd March 2020.

Clarity for Tenants Following New Legislation - Landlord and Tenant (Ground Rents) (Amendment) Act 2019

Minister for Justice & Equality has signed the commencement order to bring the Landlord & Tenant (Ground Rents) (Amendment) Act 2019 into operation entitling more people to buy out their ground rents.

CKT Deliver Courtroom Skills Training to HSE

Comyn Kelleher Tobin's Healthcare Team recently facilitated a training course on Courtroom Skills to members of University Hospital Kerry.

CKT raise vital funds for Pieta House

Comyn Kelleher Tobin LLP was delighted to present a cheque for €1,000 to our 2019 charity partner Pieta House.

Comyn Kelleher Tobin LLP authorised to operate as a Limited Liability Partnership

Comyn Kelleher Tobin LLP has been authorised to operate as a limited liability partnership as of 23rd January 2020.

How To Lay a Social Media Account To Rest?

What happens our digital legacy when we die? Emma Comyn, Partner at CKT, looks at the options open to family members regarding memorialisation or deletion of their loved ones’ social media accounts.

The Children and Family Relationships Act 2015 and Donor Assisted Human Reproduction

Parental rights in cases of donor assisted human reproduction to be provided for the first time in May 2020 following the commencement of Parts 2 &3 of the Children and Family Relationships Act 2015.

CKT strengthen commitment to sustainable working by welcoming UCC speaker

Comyn Kelleher Tobin strengthen the firm's commitment to sustainable working by welcoming UCC speaker Sarah Ryan Enright.

CKT contribute to ‘Doing Business in the EU 2020 – Greece, Ireland and Italy’

CKT's Alison Kelleher, Hilda O’Keeffe, David Ryan and Barry Murphy have been acknowledged for their contribution to the ‘Doing Business in the European Union 2020: Greece, Ireland and Italy’ report.

Donating Low Value Shareholdings to Charity to Make a Difference

Emma Comyn, Partner in Conveyancing and Probate at CKT, knows that everyone needs legal advice at varying stage so their lives. She asks what to do with low value shares from the proceeds of a will?

Housing Rights of Separated Parents

A recent Supreme Court appeal has shed light on the housing rights of a separated parent with overnight access to their children, and the obligations of local authorities to provide housing to them.

Tusla and An Garda Síochána Joint Working Forum

Denise Kirwan recently spoke at a Tusla and An Garda Síochána Joint Working Forum.

The Family Law Act 2019

The much-awaited legislation to reduce the time period in which a person can apply for a Divorce from four years to two years commenced on 1st December 2019.

The changing landscape for guardian ad litem appointments in child care proceedings

Denise Kirwan, Partner in Child and Family Law, examines the key changes contained within the Child Care (amendment) Bill 2019 which seek to amend and extend the law in relation to Guardians ad Litem.

ICMA: ‘Making Mediation Work’ Seminar

The Irish Commercial Mediation Association (ICMA) held their regional seminar entitled ‘Making Mediation Work’ last week in the Clayton Hotel, Cork City.

Recent Supreme Court Decision: AC v HSE

Patrice O’Keeffe, Partner in Healthcare and Medical Law, analyses a recent Supreme Court decision on the detention of vulnerable patients when they express a desire to leave a healthcare facility.

Data Protection and GDPR Update

Barry Murphy, Solicitor at CKT, takes a look at the General Data Protection Regulation (GDPR) with a focus on the healthcare sector.

CKT take part in Run in the Dark 2019

Congratulations to team CKT who took part in the Run in the Dark on Wednesday, 13th November 2019.

Disability Act 2005 – Assessment of Needs – Update

Cliona Kenny, Solicitor & Lebeau Jonker, Partner at CKT examine the Disability Act 2005 and specifically the Assessment of Needs process that has been put in the spotlight in a growing number of cases

Employment Law Update

Emily Sexton, Partner at CKT, examines a number of changes to employment law in Ireland in the past year including the Employment (Miscellaneous Provisions) Act 2018 and changes to parental leave.

CKT attend UCC graduate recruitment events

Comyn Kelleher Tobin recently visited UCC for two of their annual recruitment events - the UCC Law Jobs Roadshow and the UCC Graduate Recruitment Fair.

ICMA Seminar: ‘Making Mediation Work’

The Irish Commercial Mediation Association (ICMA) will hold a seminar entitled ‘Making Mediation Work’ on Thursday, 21st November 2019 in Cork.

Comyn Kelleher Tobin maintains Q9000 Legal Quality Standard

Comyn Kelleher Tobin is delighted to have achieved the Q9000 gold standard from the Institute of Legal Research and Standards for our risk and quality management systems for the fifth year in a row.

Mediation Awareness Week 2019

On 8th October 2019, to coincide with Mediation Awareness Week, Yvonne Joyce spoke to UCC Law Students on the topic “Mediation instead of Litigation?”.

Comyn Kelleher Tobin attend CUH Charity Gala Fundraising Ball

Comyn Kelleher Tobin attended the annual CUH (Cork University Hospital) Charity Gala Fundraising Ball at the Rochestown Park Hotel on Saturday, 5th October 2019.

CKT collect over €1,100 for Marymount during annual Flag Day

As part of Marymount – University Hospital and Hospice 2019 Flag Day Comyn Kelleher Tobin solicitors and support staff collected more than €1,100 for the Cork based healthcare facility.

CKT co-sponsor the second annual CAPIG seminar

Denise Kirwan, Partner in Child and Family Law, at CKT was one of several insightful speakers at last week’s second annual Cork Area Policy Implementation Group (CAPIG) seminar.

Barry Kelleher completes Diploma in Education Law

Barry Kelleher, Solicitor, CKT has completed a Diploma in Education Law to further strengthens his capabilities in advising on a wide range of matters.

Judicial Review of Disciplinary Investigations - a last resort?

Barry Kelleher, Solicitor, CKT analyses the Judicial Review of Disciplinary Investigations, and asks if it is a last resort?

The Cork Area Policy Implementation Group Seminar 2019

The Cork Area Policy Implementation Group (CAPIG) will host their second annual seminar in Bessborough, Mahon on Thursday, 12th September 2019.

Tusla - Register for Non-Compliance

Tusla has recently implemented the Register of Non-compliance with Child Safeguarding Statement requirements, Denise Kirwan examines the legislation underpinning this move.

CKT Appoint Three New Partners

Comyn Kelleher Tobin has announced three new Partners - Louise Duggan, Lebeau Jonker and Emily Sexton - across Healthcare and Medical Law, Employment and Commercial Property practices.

Drop in the level of awards for Personal Injury Actions

Court Service Annual Report 2018 shows a drop in the level of awards for Personal Injury Actions.

CKT take part in the 8th Lawyers’ European Football Cup

Comyn Kelleher Tobin Trainee Solicitor, Kevin Healy, took part in the Lawyers’ European Football Cup, which was held in UL's Conference and Sports Campus recently.

President of the High Court Reaffirms Exclusive Wardship Jurisdiction

Fionnuala Cullinane, Solicitor, Comyn Kelleher Tobin looks at the changing landscapes of Wardship in Ireland under President of the High Court, Mr. Justice Kelly.

Sinead Fitzgerald lectures on financial aspects of family law at Law Society of Ireland

Sinead Fitzgerald, Partner in Child and Family Law at Comyn Kelleher Tobin, lectures on the financial aspects of family law at Law Society of Ireland recently.

Coroners (Amendment) Bill 2018 currently before the Seanad

Yvonne Joyce, Partner at CKT, looks at the Coroners (Amendment) Bill 2018 which was published by the Minister for Justice and Equality, Charlie Flanagan on 2nd August 2018.

The Residential Tenancies (Amendment) Act 2019

The Residential Tenancies (Amendment) Act 2019 was signed into law on the 24th May 2019, amending the Residential Tenancies Acts 2004 to 2016.

Grant Thornton Corporate 5K Cork

Congratulations to CKT's Tara O’Donnell, Ryan Callanan and Patrice O’Keeffe who took part in the Grant Thornton Corporate 5K that was held in Cork City Wednesday, 12th June 2019.

Victims of Crime: Protections for Child Complainants

Denise Kirwan, Partner, Child and Family Law at CKT, writes on the Criminal Justice (Victims of Crime) Act, that transposes Directive 2012/29 EU into Irish Law.

Japanese Knotweed - A Landowners Torment?

Emma Comyn, Partner, CKT’s conveyancing team, looks at Japanese Knotweed and the potential responsibilities of landowners.

Judicial Review of Emergency Care Order

Michelle Cronin, Solicitor, Child & Family Law, examines a recent judgement of Mr Justice Noonan in a Judicial Review taken on behalf of a child received into care on foot of an Emergency Care Order.

Mediation works - take care to avoid a bitter ending!

Eamon Harrington, Partner and CEDR accredited experienced Mediator at CKT, looks at the process of Mediation, its benefits and some advice on the need for care in ensuring the deal struck sticks!

Who decides where a child in care should live?

Following a recent High Court decision David Taylor, Solicitor, Child & Family Law at CKT, asks can the Court decide where a child who is in the care of the Child and Family Agency, should be placed?

CKT runners take part in Cork’s Calcutta Run

Last week, runners from Comyn Kelleher Tobin took part in the second annual Law Society fundraiser, the Cork Calcutta Run.

Un Tying The Knot - Following the Referendum

Following a landslide ‘Yes’ decision, Karen Tobin, Solicitor, Child and Family Law at CKT, looks at what Ireland’s Divorce Referendum means to those wishing to apply for a divorce.

Grievance Procedure: What do I need to know?

Emily Sexton, CKT's Employment Law team, outlines why employers should have a grievance procedure in place to deal with employee complaints and how that procedure should be applied.

Comyn Kelleher Tobin’s Karen Tobin certifies in Mediation

Comyn Kelleher Tobin Family Law Solicitor, Karen Tobin, has qualified as a Mediator.

CKT Trainee volunteers with Law Society and Habitat for Humanity in Zambia

Comyn Kelleher Tobin Trainee Solicitor, Ryan Callanan, volunteered with Law Society and Habitat for Humanity in Zambia to build a home for a family not fortunate enough to have one of their own.

Development: Criminal Law (Sexual Offences) Act 2017- compulsory disclosure of counselling records

Section 39 of the Criminal Law (Sexual Offences) Act 2017 inserted a new provision (section 19A) into the Criminal Evidence Act 1992.

Breast Cancer negligence claim against GP dismissed

Hilda O'Keeffe analyses the recent judgement of Mr. Justice Barr involving a very sad case of a 36-year-old lady who has breast cancer and metastatic disease who claimed the GP was negligent.

Open Disclosure - New Developments

Yvonne Joyce, Healthcare Partner, advises where open disclosure is contemplated, care should be taken that the CLA procedures are carefully followed to ensure the legal protection applies.

Comyn Kelleher Tobin first law firm in Ireland to welcome LawCare

Comyn Kelleher Tobin has become the first Irish law practice to welcome legal mental health charity LawCare to speak to all employees.

Comyn Kelleher Tobin ranked in the Legal 500 EMEA

Comyn Kelleher Tobin has been recommended as a leading legal firm in the Insurance practice area in the 2019 edition of the Legal 500 EMEA rankings.

CKT co-sponsor ICMA Conference 2019

Comyn Kelleher Tobin solicitors co-sponsored the Irish Commercial Mediation Association (ICMA) Annual conference.

Comyn Kelleher Tobin Appoint New Litigation Solicitor

CKT has announced the appointment of Cliona Kenny as Solicitor in the firm's Litigation and Healthcare departments.

New Costs Penalties Introduced

From 28th January 2019, new cost penalties have been introduced by the courts to penalise claimants who do not issue a letter of claim within one month of the accident, or file a verifying Affidavit.

Denise Kirwan speaks at the Irish Play Therapy Association AGM in Cork

Denise Kirwan speaks at the Irish Play Therapy Association AGM held in Cork on 24th March 2019.

Cork Event Offers Fresh Perspective on Alternative Dispute Resolution

Organised by the Chartered Institute of Arbitrators and CKT, almost 70 legal, engineering, construction and insurance professionals gathered to discuss ADR and it's growing popularity in Ireland.

District Court Child Care Proceedings: A National Overview

A national overview of the judicial child care proceedings has been undertaken by the Child Care Law Reporting Project (CCLRP) and reflects favourably on Cork City.

Important Changes to the Injuries Board

The recently enacted Personal Injuries Assessment Board (Amendment) Act 2019 is due to come into force very soon.

Chambers & Partners Europe Ranks Comyn Kelleher Tobin in 2019 Guide

Chambers & Partners Europe Ranks Comyn Kelleher Tobin in 2019 Guide.

Un Tying The Knot

Karen Tobin, Solicitor, Child & Family Law, takes a look at the upcoming referendum to amend Article 41 for those wishing to apply for a divorce.

CKT support Kinsale and District Lions Club

Comyn Kelleher Tobin were delighted to be a key supporter of the Kinsale and District Lions Club 50th annual convention of District 133 – the all-Ireland governing body of 106 local Lions club.

HSE v AM

Katharine Kelleher, Partner in Child & Family Law, analyses the Supreme Court decision on the interaction between the Mental Health Act 2001 and the Wardship regime.

Chartered Institute of Arbitrators - Cork Conference

On 20th March, the Chartered Institute of Arbitrators, CIArb Ireland, will host a free forum at the Clayton Hotel, Lapps Quay in Cork City Centre about Alternative Dispute Resolution.

Are damages for mental distress personal to a statutory dependent?

David Taylor, Solicitor, analyses a recent high court ruling whereby damages for mental distress caused by wrongful death are to be paid to surviving dependent only.

The role of the GAL and representation of children, now and into the future…

Denise Kirwan, Partner in Child and Family Law at CKT to speak at a joint Barnardos Guardian ad Litem service and TIGALA seminar on the role of the GAL and representation of children.

Eamon Harrington to speak at Medico Legal Congress, Sydney

Eamon Harrington, Partner at Comyn Kelleher Tobin will be giving the international address at the upcoming 28th annual Medico Legal Congress on the 6th – 7th of March 2019.

Pre-Action Protocol and Open Disclosure Workshop

CKT's litigation team gave a workshop to the State Claims Agency on imminent changes in healthcare law, Pre-Action Protocols in clinical negligence actions, Open Disclosure and the Patient Safety Bill

Comyn Kelleher Tobin attend Cork Chamber Annual Dinner

Comyn Kelleher Tobin attend Cork Chamber 200 Annual Dinner.

Disclosure of CCTV Footage: A Data Protection Commissioner Case Study

Alison Kelleher, Partner at Comyn Kelleher Tobin (CKT) outlines a case study from the Data Protection Commissioner following the disclosure of CCTV footage.

CKT donate to Cork City Children's Hospital Club

Comyn Kelleher Tobin has presented a cheque for €1,000 to Cork City Children's Hospital Club.

The Domestic Violence Act 2018

Michelle Cronin, solicitor at Comyn Kelleher Tobin, writes on the newly-commenced Domestic Violence Act 2018.

Case analysis: High Court Judgement proposing greater personal responsibility and common sense in personal injuries claims.

Barry Kelleher, solicitor at Comyn Kelleher Tobin, analyses a recent High Court Judgement proposing greater personal responsibility and common sense in personal injuries claims.

Comyn Kelleher Tobin supports Cork City Hospitals Children’s Club

Comyn Kelleher Tobin shows their support for Cork City Hospitals Children’s Club.

CKT Strengthen Senior Team with Three Strategic Appointments

Comyn Kelleher Tobin solicitors has announced three strategic appointments following a year of growth.

Judge Olann Kelleher honoured at UCC's Alumni Achievement Awards

Congratulations to Judge Olann Kelleher who will be honoured at UCC's Alumni Achievement Awards for his contribution to UCC Rugby Club.

UCC Seminar: Pressures of the Physician

Yvonne Joyce, Partner in Litigation at CKT, spoke at a recent seminar in UCC on the current issues and potential pressures facing doctors and medical students.

The Annual Family and Child Law Conference 2018

Denise Kirwan, Partner at CKT, spoke as a guest panellist at this year’s Annual Family and Child Law Conference in the Law Society of Ireland.

Run in the Dark 2018

Congratulations to everyone who took part in the Run in the Dark in Cork.

Southern Law Association Council elections

Barry Kelleher, Solicitor at CKT, has been re-elected to be a member of the Southern Law Association Council

Children First joint working protocol forum

Denise Kirwan, Partner in Child and Family Law at CKT, spoke at a forum of An Garda Síochnána and Tusla on the Children First joint working protocol.

Alison Kelleher featured in November’s edition of GP Forum Magazine

Comyn Kelleher Tobin’s Partner, Alison Kelleher, is featured in this month’s GP Forum Magazine.

The Right for Convictions to be Forgotten

The Spent Convictions Act 2016 is premised on the concept of "forgive and forget" allowing past offenders to move on with their lives and not be tarnished by a previous offence.

Capital Acquisitions Tax Dwelling House Relief challenged in the High Court

The High Court will rule at a later date on a case with important implications for the assessment of taxes concerning the inheritance of a family home.

‘Show faith in your team and give them confidence’

The Sunday Business Post recently profiled CKT's Managing Partner, Deborah Moore, tracing her career to date and exploring the lessons she has learned along the way.

Defibrillator Donation

CKT donates a defibrillator to the Cork Lions club and the people of Cork.

Grant Thornton 5km Run

CKT had two teams take part in this years GT5K Run, raising vital funds for The Simon Communities based in Cork & Dublin.

Until Fault Do Us Part

David Taylor analyses the differences between the English fault based system and the Irish no fault structure

The Powers of the District Court Pursuant to Section 47

Denise Kirwan analyses recent case law determining the scope of the District Court to make orders in furtherance of the individual welfare of children under Section 47 of the Childcare Act 1991

Calcutta Run 2018

CKT were delighted to take part in this years Calcutta Run, raising vital funds for The HOPE Foundation and S.H.A.R.E.

Enforcement of Residential Tenancies Board Determinations

Applications to enforce RTB Determinations are no longer dealt with in the Circuit Court and can now be dealt with in the District Court.

Debbie Moore presents a cheque to Irish Cancer Society

Managing Partner Debbie Moore was delighted to present a cheque for €1,000 from our fundraising coffee morning on Daffodil Day

The Mediation Act 2017 and its Impact on Family Law

The Mediation Act has a significant impact on the practice and procedure of Family Law proceedings.

Child Protection Referrals to Tusla – Qualified Privilege?

A review of RP & Another v BK [2018] IEHC 139 where the High Court ruled on defamation proceedings in the context of a child protection referral.

Teenager’s HIV status is not to be disclosed to his suspected sexual partner

A recent High Court Decision by Judge Michael Twomey, sets out the test which is to be applied when deciding whether patient confidentiality can be breached in certain circumstances.

CUH Charity Donation

As a result of charity events CKT were delighted to present €1,500 to the CUH Charity Fund.

Daffodil Day Coffee Morning

CKT hosted a coffee morning in support of Daffodil Day and the Irish cancer Society.

The Habitual Residence of Children in Family Law

Mary Boland examines a recent High Court decision of Justice Ní Raifeartaigh in the case of J (M) v O (S) 2018IEHC10 which ruled on the habitual residence of two children.

Local Property Tax Changes

Revenue has announced changes to the general clearance thresholds for Local Property Tax. The thresholds have increased with effect from 1st September 2017.

Commercial Lease Update

Tenants in a commercial lease must now submit information to the Property Services Regulatory Authority (PSRA.)

Child Safeguarding Statement Obligations

As of the 11th of February 2018, all organisations classed as providers of relevant services under the Children First Act 2015 are now required to have Child Safeguarding Statements.

CKT’s Healthcare Team provides Courtroom Skills Training to HSE

CKT’s Healthcare team facilitated a training course on Courtroom Skills on the 9th of February 2018 to HSE staff.

Children First Act 2015

Implementation of the Children First Act 2015 places a range of responsibilities on persons involved in any work or activity which consists mainly of persons having access to or contact with children.

Employment Law and Retirement Ages

Emily Sexton analyses a recent High Court Judgement where an employer sought to enforce retirement on an individual due to their age.

Law Society Child and Family Law Committee 2017

Denise Kirwan presents at the Law Society Child and Family Law Committee Conference in November 2017

Mediation Act 2017

Mediation Act 2017 enacted by the President on 2nd of October 2017 placing obligations on solicitors at the commencement of proceedings.

Recent Labour Court decision regarding disciplinary sanctions

Labour Court decision that the sanctions imposed on an employee must be proportionate and alternatives short of dismissal should be considered where appropriate.

Employment Equality Acts - Employees with Disabilities

Prohibition on Discrimination against persons with a disability.

World Congress on Family Law and Children’s Rights

CKT sponsors the World Congress on Family Law and Children’s Rights.

CKT announces the appointment of two new partners

Comyn Kelleher Tobin is delighted to announce Alison Kelleher and Hilda O'Keeffe have been appointed as Partners to our Corporate and Healthcare practices.

Dublin Office Relocation

CKT are delighted to confirm the move to our new premises at The Ormond Building, Ormond Quay.

New Regulations for Hotels

New Regulations for the registration and renewal of Irish Hotels in force since 1st August 2016.

Change to Law on Late Payments by Public Authorities

Irish Public Authorities brought in line with EU standards on payments in commercial transactions.

Child Law Update

Guardian ad litem successful in joining four children to Judicial Review Proceedings of their own care order.

CKT welcomes Roy Keane to office launch party

Special Guest Roy Keane joins the team at CKT to launch our new office at George's Quay, Cork.

CKT raises funds for Breast Cancer Ireland

Comyn Kelleher Tobin joined hundreds of people for a 10km charity walk in Kinsale to raise funds for Breast Cancer Ireland.

Making Professional Sense of Irish Child Care Law

The Bessborough Centre welcomes Denise Kirwan and Helen Finucane to present a series of seminars surrounding the welfare and protection of children.

Public Procurement Process decision

The Court of Appeal Judgement in Forum Connemara -v- Galway Local Community Development Committee provides greater clarity around public procurement processes.

New CKT Cork Office

Comyn Kelleher Tobin's Cork office has moved from 29 South Mall to 2 George's Quay. All other contact details remain the same.

Data Protection - CCTV Guidelines

The Data Protection Commissioner has issued new best practice guidelines for the use of CCTV.

Medical negligence – preparing for medical litigation, mediation and dispute resolution in medical cases

Eamon Harrington invited to attend as guest speaker at the DSBA conference on Medical Negligence - preparing for medical litigation, mediation and dispute resolution in medical cases.

Changes to Inheritance Law

Changes to inheritance law which affect owners of overseas property.

CKT increases its Dispute Resolution Team

CKT has increased its expertise in the Dispute Resolution team with the appointment of Alison Kelleher.

Coroner's Bill 2015

A private member's bill to amend the Coroner's Service has been sponsored by Deputy Daly.

Companies Act 2014: What Directors Need to Know

Important issues which Company Owners/Directors should be aware of in the new legislation.

New proposals to enforce Court Judgements of certain debts

The Government has published a new Bill proposing to allow the District Court certain powers to assist creditors in the collection of Court Judgments.

High Court addresses austerity legislation

A recent decision High Court decision addresses the austerity legislation and considers who is a "public servant".

Periodic Payments Order Update

Government publishes heads of bill to provide for Periodic Payment Orders. The new Civil Liability (Amendment) Bill will allow Court to award index-linked annual payment to catastrophically injured.

Bank of Ireland employee reinstated after 6 year battle

An employee of Bank of Ireland has been reinstated to his role with the Bank following a 6 year battle ending in the High Court last week.

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