Comyn Kelleher Tobin, CKT, Solicitors Cork and Dublin

Review of The Personal Injuries Resolution Board Bill 2022

The Minister of State for Trade Promotion, Digital and Company Regulation, Robert Troy, published the Personal Injuries Resolution Board Bill 2022 on the 2nd August 2022.

PIAB Annual Report for 2021

PIAB Annual Report for 2021 reports a €118 million drop in value of personal injuries claims in last two years. Read more here.

Largest Award for Unfair Dismissal in Ireland

A recent WRC decision awarded the sum of €329,199 to an employee in what is understood to be the largest award for Unfair Dismissal ever made in Ireland.

Parental Alienation – Public Consultation Welcomed.

Parental Alienation is becoming a prominent issue in the family courts. It raises significant concerns for the emotional welfare of children and has been identified as an emotional abuse issue.

Dishonesty in Professional Practice Proceedings: Objective or Subjective?

The Court of Appeal has clarified the test to be applied in professional practice proceedings to decipher if the misconduct of a professional qualifies as dishonesty. Read more here...

Key Changes to Local Property Tax in 2022

This article looks at Local Property Tax(LPT), what it is and what you need to know as a property owner in relation to the new changes in 2022.

Elder Abuse Awareness Day

With World Elder Abuse Awareness Day taking place on the 15 June 2022, Michelle Cronin and Saoirse Coughlan look at how the elderly community are protected through our legal system.

DSBA and ADR Committee of the Law Society Webinar

Upcoming webinar organised by the Dublin Solicitors Bar Association and the ADR Committee of the Law Society. Read more here...

Legal 500 2022 recommends Comyn Kelleher Tobin LLP

CKT LLP were ranked in 3 practice areas in the Legal 500 recently published 2022 Europe, Middle East & Africa edition and rankings.

Team CKT get active for The Legal Fundraiser

The sun came out on the last weekend in May for the 2022 Calcutta Run - The Legal Fundraiser. Team CKT were out in force.

Tenancies must now be registered annually by landlords

New legislation commenced on the 4th of April 2022 requiring landlords to re-register their tenancies with the Residential Tenancies Board (RTB) every year. Read more here.

Employment law: New Codes of Practice developed by the Irish Human Rights and Equality Commission

Two new statutory Codes of Practice developed by the Irish Human Rights and Equality Commission (IHREC) have been recently launched. Read more here...

“Poor Professional Performance” finding by PSI appealed to the High Court.

In Colin Lannon v Council of the Pharmaceutical Society of Ireland, the High Court rejected an appeal by a pharmacist to cancel a 2-month sanction imposed on him.

Sick Leave Bill 2022: What will this mean?

This Bill, once enacted, will ensure that Ireland will join the ranks of developed European countries who make statutory provision for employees who fall ill on a workday.

Working Together: An Overview of Positive Outcomes for Children

On Thursday, 28th April 2022, Tusla Child and Family Agency and An Garda Síochaná Liaison Managers hosted their Annual Joint Forum for the Cork area.

CKT award Children's Rights & Family Law Scholarship at UCC for 2021 - 2022

The Comyn Kelleher Tobin Scholarship (LLM Children's Rights and Family Law) was awarded to Ríona Denys, student at UCC for the academic year 2021 - 2022.

Important Update to the Rules of the Superior Courts regarding Lodgments and Tenders

Effective from 26th April 2022, the change to the rules has provided another opening for Defendants to serve or increase a Tender during the litigation process. Read more here.

Employment law: New Codes of Practice developed by the Irish Human Rights and Equality Commission

New Codes of Practice have been developed by the IHREC. Read more here about the Code of Practice on Sexual Harassment and Harassment at Work.

Negligence case dropped against hotel due to ‘unconvincing’ evidence.

In this recent judgment, Simons J. found in favour of a Defendant where the Plaintiff’s evidence was unconvincing, despite the fact that the Defendant had lost some of the evidence.

PIAB award values drop by 42% since the introduction of the Personal Injury Guidelines

PIAB recently published a report on the value of awards made since the commencement of the new Personal Injury Guidelines on 24 April 2021 to 31 December 2021. Read more here.

Positive steps towards eConveyancing

E-Conveyancing could significantly speed up the conveyancing process in Ireland, as well as lowering costs. Read more here as Colette and Jessica discuss the potential benefits.

Law Society Gazette Article: Wipe Out

The Law Society Gazette recently posted an article by Clare Daly, Solicitor, CKT on the topic of Cyberbullying and online harassment. Read more here...

Alleged Medical Negligence – Personal Injuries Case Dismissed

The High Court recently delivered a judgment in respect of an application to dismiss a personal injuries action arising out of alleged medical negligence on a number of grounds.

Eamon Harrington achieves Top Ranking in Chambers and Partners Europe Guide 2022

Chambers and Partners recently launched the Europe Guide 2022. Eamon Harrington, Partner, Comyn Kelleher Tobin (CKT) is delighted to have maintained his Band 1 position.

Yvonne Joyce Ranked in Chambers and Partners Europe Guide 2022

We are delighted to see Yvonne Joyce, Partner, Comyn Kelleher Tobin (CKT), maintain her ranking in the Chambers and Partners Europe Guide 2022.

CKT Supporting Irish Cancer Society on Daffodil Day 2022

On Friday 25th March 2022, Comyn Kelleher Tobin LLP took to the streets around Cork City with Daffodil Pins and buckets in support of the Irish Cancer Society.

Alison Kelleher Joins the Ranking in Chambers and Partners Europe Guide 2022

CKT are delighted to announce that Alison Kelleher, Partner, CKT, will this year join the ranking as ‘Up and Coming’ in Dispute Resolution – Healthcare Litigation, Chambers and Partners 2022.

CKT achieves Top Ranking in Chambers and Partners Europe Guide 2022

Chambers and Partners have just launched their Europe Guide 2022, and we are proud to announce that our Dispute Resolution–Healthcare Litigation Team continues to be recognised as a leader.

High Court Set Aside Third-Party Proceedings Due to an Inordinate and Inexcusable Delay.

This recent Judgment highlights the importance to serve third-party notices as soon as is reasonably possible. Read more here as Julie McEvoy and Lauren Dermody give an overview of the case.

Life as an Intern at CKT - Saoirse Coughlan

Saoirse Coughlan, Intern, CKT tells us about her experience to date as an intern at CKT, how she came to studying law, as well as how she sourced her internship at CKT. Read more here...

Mandatory Open Disclosure Must Not Create a Culture of Fear

Minister for Health told the Oireachtas Health Committee today that the legislation which will require mandatory open disclosure of serious patient safety incidents must not create a culture of fear.

Data Protection Trends in 2021 – DPC publish Annual Report

The Data Protection Commission (“DPC”) published its Annual Report for 2021 on 24th of February last. Read some of the key highlights and cases from within the report here.

Coercive Control – the First Convictions in Ireland

The Domestic Violence Act 2018 introduced the offence of coercive control to Irish law. Michelle Cronin and Saoirse Coughlan give an overview of coercive control and the convictions to date.

Fundamental Changes for Processing of Children’s Data - Online and Offline

The Data Protection Commission (DPC) has recently published new guidance “Children Front and Centre: Fundamentals for a Child-Oriented Approach to Data Processing”.

Employers: Right to Request Remote Working. All you need to know.

The Right to Request Remote Work Bill published in January 2022 will give employees the right to request remote working by summer 2022.

Comyn Kelleher Tobin LLP wins Property Law Firm of the Year in Ireland

We are delighted to announce that CKT has been recognised for its outstanding service offering in the area of Property Law Firm of the Year in Ireland by Corporate INTL in its Global Awards 2022.

High Court Rejects Application to Admit Photocopy of Will to Probate

In a recent case the High Court rejected an application to have a photocopy of a will admitted to probate after the original will had gone missing. Read more here...

Safer Internet Day: What age should children get a mobile phone?

Tuesday the 8th of February 2022 marks Safer Internet Day which aims to promote safe, responsible and positive use of technology with the goal of raising awareness and starting the conversation.

Statute Barred – Issuing proceedings following the death of an alleged Wrongdoer.

A recent judgment has highlighted, what Mr. Justice Ferriter identified as a lacuna in the existing legislation relating to limitation periods when instituting proceedings. Read more here...

Employment Law: When does a volunteer become an employee?

A recent Labour Court decision has provided further clarification of what needs to be present in a relationship for a worker to be classified as an employee or a volunteer. Read more here.

Court of Appeal in England & Wales dismisses Nervous Shock Claims

Nervous shock claims by secondary victims were considered again by the Court of Appeal in England and Wales last week, in a conjoined appeal.

The Importance of Section 23 of the Mental Health Act 2001

In this article Lebeau Jonker and Ríona Denys give an overview of the case and legal arguments raised and the ruling of Mr Justice Barr of the High Court.

Online Safety and Media Regulation Bill due to be published this week.

On 12th January 2022, Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin TD received government approval to publish the Online Safety and Media Regulation Bill.

Eamon Harrington elected as the new Junior Vice President of the Law Society of Ireland

We are delighted to see Eamon Harrington, Partner, CKT elected as the new Junior Vice President of the Law Society of Ireland. Read more here.

Remote Hearings 21 months on - Here to stay?

In response to the pandemic, the Courts Service of Ireland quickly adopted significant measures to reduce the number of people attending Court. Read more here.

Overcompensation or Insufficient Explanation? Personal Injuries Award Reduced by the Court of Appeal.

In this case, the Court of Appeal reduced a Personal Injuries award on account of the trial judges’ failure to reason his valuation findings to any adequate extent.

Court of Appeal directs rehearing of personal injuries case after plaintiff suffered fractured nose following pothole fall

An important decision was recently handed down by the Court of Appeal in Comerford v Carlow County Council, reaffirming the Phipson Rule regarding the admissibility of evidence.

World Children’s Day November 2021

World Children’s Day was celebrated on 20th November 2021. This year, the theme is to help children to recover from interruptions and learning losses experienced through the pandemic.

Voice of the Child: Parents’ Wants vs Children’s Needs

District Court Judge Mary Larkin recently held that the wishes and views of a teenage child in care were central to her decision to override the views of his mother regarding his Covid-19 vaccination.

Online Safety and Media Regulation Bill

The Joint Committee on Tourism, Culture, Arts, Sport and Media recently published its report on the Pre-Legislative Scrutiny of the General Scheme of the Online Safety and Media Regulation Bill.

Karen Tobin wins Munster Family Lawyer of the Year Award

Karen Tobin, Family Law Partner, recently won the Munster Family Lawyer of the Year award at the Irish Law Awards on 29th October 2021.

National Children First Awareness Week

The Minister for Children has launched this annual new initiative to raise awareness of Children First. Children First Awareness Week runs from 1st - 7th November 2021.

"Unless Orders": Significant procedural changes in Civil Litigation in the High Court

A variety of reforms to the practice and procedure of civil litigation in the Superior Courts is due to commence on 13th November 2021.

Cyberbullying Law Update

In this article Clare Daly, Child Law Solicitor at CKT discusses cyberbullying, the laws surrounding it and any reforms that may be on the way.

Karen Tobin promoted to partner at Comyn Kelleher Tobin

Comyn Kelleher Tobin LLP has announced the appointment of Karen Tobin as the newest partner to join the Family Law team.

Life as a Trainee at CKT - Mark Dalton

Mark Dalton, Trainee Solicitor, CKT tells us about his experience to date as a trainee at CKT, how he came to studying law, as well as how he sourced his traineeship at CKT. Read more here...

The Residential Tenancies (No.2) Act 2021: Key updates for Landlords and Tenants

The Residential Tenancies (No.2) Act 2021 was signed into law and came into effect on the 9th of July 2021.

Employment Law: Gender Pay Gap Information Act 2021 signed into law

The Gender Pay Gap Information Act 2021 once commenced will require employers to publish information relating to the gender pay gap among their employees. It has been recently signed into law.

Spousal Maintenance and ‘Proper Provision’ - High Court Maintenance Order overturned by the Court of Appeal

Spousal Maintenance and ‘Proper Provision’. A Court of Appeal decision highlights the weight to be attached to the work of the spouse in the home.

CKT recognised as top end law firm

CKT recently received recognition for having one of the best Healthcare Litigation Teams in the country. Read more here.

Surrogacy in Ireland - The Legal Considerations.

Surrogacy has evolved as an attractive route for people to realise their dreams of parenthood. The law in this area is complex. Read more here about the intricacies and legal considerations.

Life as an Intern at CKT – Mary Maunsell

Mary Maunsell, Intern, CKT tells us about her experience as an intern in CKT’s Dublin and Cork offices.

Spectator hit by golf ball loses High Court case

The High Court found against the Plaintiff in this case. The claim arose after a spectator attending a Golf Championship was struck on the forehead by a golf ball and knocked unconscious.

Update for Employers: New sick pay scheme will entitle all workers to 10 days paid sick leave per year

On 9th June 2021, the government approved the drafting of the General Scheme of the Sick Leave Bill 2021. This Bill, if enacted, will give all workers the right to paid sick leave from 2022.

Flying cars in our lifetime?

The pandemic has led to dramatic changes in the way we do business and good lawyers will recognise that the advances in AI will further change the landscape.

High Court sets aside renewal of Personal Injury Summons

In a recent decision, the High Court set aside the renewal of a personal injury summons. This article examines the Court’s interpretation of "special circumstances".

Supreme Court judgment will change the operation of the Workplace Relations Commission

Following a recent judgment of the Supreme Court, a number of procedural changes are required to be made to the operation of the WRC in employment rights and equality complaints.

Protected Disclosures Bill 2021 – Key information for Employers and Employees

On 12th May 2021, Government approval was given to the General Scheme of the Protected Disclosures (Amendment) Bill, 2021.

CKT fund family law scholarship at UCC

The Comyn Kelleher Tobin (CKT) Scholarship for the academic year 2021-2022 will support one postgraduate student on the LLM Childrens’ Rights and Family Law at UCC.

Damages for nervous shock overruled by Court of Appeal

The Court of Appeal has overturned a High Court decision in which an ESB network technician was awarded €83,000 in damages for nervous shock and PTSD.

GDPR: 3 years on – the value of prompt corrective action in mitigating administrative fines

Today marks the anniversary of the introduction of the General Data Protection Regulation (GDPR). In this article, Alison Kelleher, Partner, outlines a recently published decision of the DPC.

Legal 500 recommends Comyn Kelleher Tobin

The Legal 500 recently published their 2021 Europe, Middle East & Africa edition and rankings recommending Comyn Kelleher Tobin as a leader in three competitive practice areas.

Award for woman who had tip of finger amputated overturned by Court of Appeal after plaintiff failed to prove the case as pleaded

In this case, the Court of Appeal overturned a High Court award of €56,250.00 after the Plaintiff failed to prove the case as pleaded.

Separation/Divorce: Ending a relationship in a pandemic

Karen Tobin (Family Law Solicitor and Mediator at CKT) outlines your options, your rights, the paperwork to have ready and the mistakes to avoid making if you have decided to end your relationship.

Planning for the future - Making a Will

Making a will is often something we think of as something to do when we get older, but really it is something we should look to do now. This article explains the importance of making a will.

High Court temporarily suspends GP who admitted not referring any patient for Covid-19 testing since commencement of the pandemic.

The High Court has recently granted relief to the Medical Council to impose an interim suspension on a GP pending the conclusion of disciplinary proceedings.

New Personal Injuries Guidelines Commence

The new Personal Injuries Guidelines were commenced on the 24th of April 2021 by Minster for Justice, Helen McEntee.

Update on Parent’s Leave Entitlements

On the 27th of March of this year, the Family Leave and Miscellaneous Provisions Act 2021 (the “2021 Act”) came into force.

What is an Enduring Power of Attorney?

In this article, Fionnuala Cullinane, solicitor at Comyn Kelleher Tobin, explains what an Enduring Power of Attorney is and why we might need one.

Children’s Rights review in the context of donor assisted human reproduction (DAHR) and surrogacy.

The government recently published a review by the special rapporteur on child protection, of children’s rights and best interests in the context of donor-assisted human reproduction and surrogacy.

Children and Inheritance

In this article, Michelle Cronin, Family Law Solicitor looks at the tax implications for children, adopted children, stepchildren and foster children receiving inheritances or gifts from their parents

Law Society Webinar - Effective Mediation in Ireland

On 22nd April 2021, Alison Kelleher, Chair of the Law Society’s ADR Committee and Partner at CKT is speaking at the upcoming Law Society Webinar-“Effective Mediation in Ireland"

Protecting your farm in a relationship breakdown

A marriage breakdown in the farming world can be very complex when so many assets are involved. Future planning for your farm can help alleviate future financial and emotional pressure.

Disability Act 2005 – Assessment of Need Update from Court of Appeal

This judgment addresses the question as to whether an applicant is entitled to a service statement when an Assessment Officer made a determination that the applicant does not have a disability.

New rules allowing for remote swearing of affidavits

On the 31st of March 2021, the Rules of the Superior Courts(Affidavits) 2021 came into operation. This paves the way for the remote swearing of affidavits once certain conditions are fulfilled.

Staying connected with our engagements and events

March has been a busy month at Comyn Kelleher Tobin (CKT). Over 1 year since Covid-19 grounded the country to a halt. This month we have really seen things picking up and events back in the calendar.

The Right to Disconnect – new Code of Practice

Today, Tánaiste Leo Varadkar signed a new Code of Practice on the “Right to Disconnect”. The Right to Disconnect gives employees the right to switch off from work outside of normal working hours.

The Ongoing Impact of Covid-19 on Fostering Regulations

In this article, Michelle Cronin, Family Law Solicitor, CKT, gives an overview of the fostering regulations and amendments and the impact of Covid-19.

Yvonne Joyce Joins the Ranking in Chambers and Partners Europe Guide 2021

Chambers and Partners have recently launched the Europe Guide 2021. We are delighted to announce that this year Yvonne Joyce, Partner in our Healthcare Department joins the rankings as ‘up and coming’

Eamon Harrington achieves Top Ranking in Chambers and Partners Europe Guide 2021

Chambers and Partners recently launched the Europe Guide 2021. Eamon Harrington, Partner, Comyn Kelleher Tobin (CKT) is delighted to have maintained his Band 1 position.

CKT achieves Top Ranking in Chambers and Partners Europe Guide 2021

Today, as Chambers and Partners launch the Europe Guide 2021, we are proud to announce that our Dispute Resolution – Healthcare Litigation Team has moved to Band 1.

Data Protection Trends in 2020 – DPC publish Annual Report

Yvonne Joyce, Partner, CKT, analyses some of the key highlights of the recently published Data Protection Commission (DPC) 2020 Annual Report.

Changes Ahead as Personal Injuries Guidelines Approved

On Saturday 6th of March 2021, the Judicial Council met and approved new guidelines on the level of damages awarded in personal injury actions.

International Mother Language Day

As mother language day is recognised on 21st February 2021, we embrace this opportunity to celebrate the Irish Language.

A Career in Law – Supporting our Future Lawyers

Denise Kirwan, Partner in our Child and Family Law team is a fully trained Foróige Leader. Today, she is speaking with Transition Year students as part of Foróige’s Virtual Work Experience week.

Court of Appeal Personal Injuries Action: A Failure to Report

In this case, the Court of Appeal overturned a High Court decision that found ESB liable for injuries caused to an employee in the course of his employment.

Judicial Council decision on Personal Injury Guidelines expected shortly.

On the 5th of February, the Judicial Council met by video conference to consider the proposals made by the Personal Injuries Guidelines Committee.

Dispute Resolution Lunchtime Webinar Series

Eamon Harrington, Dispute Resolution Partner, is speaking at the upcoming Bitesize Lunchtime Webinar Series, "Discussions in Dispute Resolution”. This webinar series is organised by UCC School of Law.

Covid-19 Vaccine: Providing Consent and Vulnerable Persons

There is a general presumption that individuals have capacity to consent to vaccination. However, there may be times where individuals require additional supports to assist them with their decision.

Skating on thin ice? A tale of caution from the Court of Appeal.

The Court of Appeal recently upheld a decision from the High Court which held an ice rink liable for injuries caused to a child while she was skating there with her family.

The Rise in Mediation and Remote Mediations during Covid-19 and Level 5 Restrictions

Eamon Harrington, Dispute Resolution Partner, Comyn Kelleher Tobin, looks at the rise in Mediation and Remote Mediations during Covid-19 and Level 5 Restrictions.

Remote Working: National Remote Work Strategy and Simple Tips to Protect your Data

On 15th January 2021, the National Remote Work Strategy ‘Making Remote Work’ was published by Tánaiste and Minister for Enterprise, Trade & Employment, Leo Varadkar.

We are recruiting a Financial Controller for our Cork office.

Exciting opportunity for an experienced Financial Controller to join Comyn Kelleher Tobin. Closing date for applications 31st January, 2021.

New Legislation: A crime to share intimate images without consent

The Harassment, Harmful Communications and Related Offences Act 2020 was signed into law on 28th December 2020.

A long-standing partnership between UCC and CKT

At CKT, we are committed to nurturing the next generation of high-achieving talent and thus supporting that talent through our partnership with UCC is and has always been very important to us.

My Career: 25 Years in the Legal Industry, Karen Tobin, Family Law Solicitor

In this article, Karen talks us through her career to date and what a typical day might look like as a Family Law Solicitor.

Our Charity Partner for 2021 – Edel House, Good Shepherd Cork

We are delighted to announce Edel House Cork as our Charity partner for 2021. Edel House was founded in Cork more than 40 years ago by Sr. Colette Hickey, a Good Shepherd Sister

Child Protection - Review of Law and Policy Developments

On 16th December 2020,the 13th Annual report of the Special Rapporteur on Child Protection was released. Clare Daly, Solicitor, summarises the 3 key areas of discussion in the report.

An Overview of The Domestic Violence Act 2018

Domestic abuse can occur in varied forms; physical, emotional, verbal, sexual, financial and psychological abuse. Read an overview of the Domestic Violence Act 2018.

CKT Founding Signatory of Pro Bono Pledge Ireland

CKT are delighted to be a Founding Signatory of the Pro Bono Pledge Ireland which launched on 26th November 2020.

Court of Appeal Emphasises the “Decisive Importance” of Calderbank Offers

The Court of Appeal in a recent case ( Padraig Higgins .v. The Irish Aviation Authority [2020] IECA 277) emphasises the “Decisive Importance” of Calderbank Offers.

Protected Disclosures / Whistleblowing: Points to remember and 2020 Case Law

In this article, Emily Sexton and Amy Cahill look at some recent cases and outline some points to remember when it comes to Protected Disclosures.

Life as a Trainee Solicitor at CKT - Amy Cahill

Amy Cahill, Trainee Solicitor, talks about her experience to date at CKT. A UCC graduate, Amy completed an internship in both our Cork and Dublin offices before applying for the Trainee Programme.

Medical Reports in Applications to Register an Enduring Power of Attorney – New Practice Direction

The President of the High Court has issued a new Practice Direction regarding the content of medical affidavits and medical reports in support of applications to register an Enduring Power of Attorney

Patrice O’Keeffe joins Law Society Human Rights & Equality Committee

Patrice O’Keeffe, Partner in Healthcare and Medical Law at CKT has recently joined the Law Society Human Rights and Equality Committee.

CKT takes part in Run in the Dark Virtual 2020

Team CKT take part in Run in the Dark 2020 braving the November wind and rain to raise funds for charity.

Life as a Trainee Solicitor at CKT - Kevin Healy

Kevin Healy, Trainee Solicitor, CKT takes us through what a typical day in the CKT office is like.

Mandatory Open Disclosure – Patient Safety (Notifiable Patient Safety Incidents) Bill 2019

On 3 December 2019, the Government approved the Patient Safety (Notifiable Patient Safety Incidents) Bill 2019 which is to introduce mandatory open disclosure where certain healthcare incidents occur.

Court of Appeal - Expert evidence required to succeed in a Medical Negligence action

A Court of Appeal decision issued on the 29th October 2020 once again confirmed that in order for a Plaintiff to succeed in a Medical Negligence action expert evidence must be given.

Government agrees ban on evictions for seven weeks

The government have put a range of supports in place for tenants since March 2020, with the most recent being the ban on evictions from 24th October 2020 for seven weeks.

COVID-19 Level 5: Impact on Employers and Employees

On 21st October 2020, Ireland was placed at Level 5 of the Government’s Plan for Living with Covid-19 for a period of six weeks. Here we outline the consequences for Employers and Employees.

CKT sign Law Society Gender Equality Diversity and Inclusion Charter

Comyn Kelleher Tobin are delighted to sign the Law Society Gender Equality Diversity and Inclusion (GEDI) charter. We actively support gender equality and have made much progress over the years.

Child Custody & Access Disputes – Important Updates for Parents

Two very important outcomes from a recent judgement has provided insightful decisions in relation to 1)Who pays costs in a Family Law application, and 2) the question of ongoing therapy.

Insurance News: Capping of Damages in Personal Injuries Actions

It looks like good news could be on the way for insurers when it comes to the landscape of the award of damages in personal injuries actions.

Comyn Kelleher Tobin announces continued growth as team expands

Leading Irish Law Firm, Comyn Kelleher Tobin (CKT), has announced the appointment of a new partner and two new solicitors, highlighting consistent growth, more than doubling the firm’s size in recent

ADR Webinar: Making the Most of Mediation

The ADR Committee of the Law Society in conjunction with the Southern Law Association and the Irish Commercial Mediation Association (ICMA) are hosting a lunchtime Webinar on Friday, 2nd October 2020.

Wardship under New President

Ms. Justice Mary Irvine took over as President of the High Court from Mr. Justice Peter Kelly in June 2020. The Wardship jurisdiction now vests in her and she oversees the Wardship list.

Inordinate and Inexcusable delay Judgement

The Court of Appeal set aside an order of the High Court which had struck out personal injuries proceedings on the grounds of inordinate and inexcusable delay in a case of Reilly v Campbell Catering

Changing landscape in personal injury awards

A recent Judgment by the Court of Appeal examined the method of calculating and awarding damages in personal injuries cases, with a specific focus on the application of the Book of Quantum

High Court dismisses medical negligence case against BreastCheck

The High Court has recently dismissed a claim alleging negligence against BreastCheck screening service resulting in a delay in diagnosis of breast cancer.

Access Orders in the Covid-19 climate

Karen Tobin examines the concerns surrounding compliance with access orders/agreements in light of the current COVID-19 restrictions

The rise in demand for an Enduring Power of Attorney

We are seeing a rise in the demand for Enduring Powers of Attorneys at present. Fionnuala Cullinane sets out the steps required to execute an Enduring Power of Attorney.

Comyn Kelleher Tobin ranked in the Legal 500 EMEA

Comyn Kelleher Tobin has been recommended as a leading legal firm in the practice areas of Healthcare and Life Sciences, Insurance and Employment in the 2020 edition of the Legal 500 EMEA rankings.

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!

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.

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