Bullying & Harassment in the Workplace

Being bullied or harassed in the workplace is a common problem in Ireland today and there are special steps to take so it is prevented and dealt with straight away. It is repeated inappropriate behaviour that makes people uncomfortable and can seriously affect their personal and working lives. Similar to that of dynamics in the playground, bullying can be done by more than one person and can be aimed at either an individual or a group of employees and even employers. 
 
Be it physical, verbal or in any other form,the most common types would be exclusion, intimidation, damaging someones reputation or aggressive actions. If a person is being made feel unreasonably inferior in the workplace, it may be wise to investigate it and see how it can be resolved.  
  
The first steps involve the company proving that it did everything it could to prevent bullying and show that if it happened at all, immediate action was taken. 


"The Employment Equality Acts 1998-2008 place an obligation on all employers in Ireland to prevent harassment in the workplace. Harassment including sexual harassment that is based on any of the following 9 grounds – gender, civil status, family status, sexual orientation, religion, age, disability, race or membership of the Traveller community – is a form of discrimination in relation to conditions of employment. Bullying which is linked to one of the discriminatory grounds above comes under the Employment Equality Acts." - excerpt from www.citizensinformation.ie 
 
If you are being bullied or harassed at work and it is not covered by the Employment Equality Acts, you may still have legal rights. Shannons Solicitors have over 30 years experience in employment law and are here to help. For advice and information call Shannons Solicitors on 01-8401780 or e-mail vincent@shannons.ie

Unfair Dismissal

Shannons Solicitors also deals with a number of Employment Law issues and Tim or Vincent are available to review contracts and advise on legislation.

To begin, one of the first areas of employment law our blog will be touching on is unfair dismissal. In brief , the Unfair Dismissals Act 1977-2007 outlines what can occur and provides information on exactly what unfair dismissal is, if anyone needs to pinpoint their issue.


Also, there is a lot of information, rules and tips on how to apply if unfairly dismissed on the Citizens Information website.

An employee is unfairly dismissed if one or more of these are deemed a reason by the employer:

• Membership of any trade union
• Religious or political opinions
• Legal proceedings against an employer where an employee is a party or a witness
• Race, colour, sexual orientation, age or membership of the Traveller community
• Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth
• Availing of rights under legislation to maternity leave, adoptive leave, carer's leave, parental or force majeure leave
• Unfair selection for redundancy

(Excerpt from www.citizensinformation.ie)

Redundancy is an area that can sometimes blur the lines between unfair dismissal. Primarily, redundancy is legal and a genuine reason for dismissal. However, if the employer believes that they have been selected unfairly or thinks a redundancy situation does not exist, they may be able to make a claim. It is advised to get in touch with a solicitor as soon as possible. It's very important to know that if you make a claim for unfair dismissal you can not make a claim for redundancy.

Tim and Vincent Shannon have over 30 years experience in dealing with areas of employment law and unfair dismissal. To discuss a case and see how they could help, why not call Shannons Solicitors on 01-8401780 or e-mail vincent@shannons.ie

Accidents on Holiday

Accidents on holiday have happened to almost every person at some point or another. The most common accidents on holiday usually involve transport, slips and trips, food poisoning and leisure activities.

If you are ever involved in an accident that is in no way your fault then you may be able to make a personal injury claim. So, it is important to look into the facts and see if you are eligible for compensation.
Here, we'll take at how claims work when independent and package holidays are involved.

Package Holidays are different from independently arranged holidays. The compensation package varies depending on what kind of holiday you are on. Since the introduction of package holidays and the Travel Trade Act, 1995, it has become much easier to pursue a personal injury claim arising from an accident while on a package holiday abroad.

Consumers can submit a claim in Ireland, rather than in the country where the holiday took place. A package holiday must contain two or more elements of a package such as flights and accommodation.

In addition, it is the organiser of the package holiday (usually the tour operator) who is liable to the consumer for the proper performance of the obligations under the contract, instead of the hotel or local service providers. If tour operators are in breach of their duty of care to ensure that accommodation and other services are safe and hygienic, then holiday makers may be entitled to make a claim for the injuries they have received as a result of that breach of contract.

Independent holidays work in a different way and by organising ones holiday in another country, holiday makers have to make a claim in that country. To establish if you have a claim for compensation on a package or an independently organised holiday you can contact Tim or Vincent Shannon at 29 Main Street, Swords on +3531-8401780 or never hesitate to e-mail vincent@shannons.ie

Accidents in Public Places

Accidents in public places arise mainly from slips, trips and falls in public; schools, supermarkets, and any area where people gather. You may be entitled to pursue a personal injury compensation claim if you can show the injuries you have suffered are as a result of the negligence of some other person or legal entity. Very often that person or entity will have pubic liability insurance to cover the cost of your claim and expenses.

Examples of accidents in public places include - Slips, trips and falls in supermarkets, shopping centres, car parks and restaurants. Injuries caused by dangerous footpaths, potholes, dangerous steps or falling objects from roofs.

Vincent and Tim Shannon have over 30 years experience of acting for people who have suffered injuries as a result of an accident in a public place. Vincent and Tim will advise you about reporting the accident to the staff or the owner of the property, and will help you keep a note of the names of witnesses and take photographs of the area where the accident happened. Vincent and Tim will also advise you on the time limits for such an accident and so it is advisable to contact them as soon as possible after the accident.

With the chances of snow over the Christmas season, slips, trips and falls become much more likely in public places. So don't hesitate to call Shannons Solicitors if you or someone you know needs help. Call +353-1-8401780 or e-mail vincent@shannons.ie to discuss your legal case for free.

Injured? Here's some information on how to claim compensation in Ireland.

The Injuries Board

The Injuries Board is an independent body which assesses the level of compensation that people should receive who have suffered personal injuries. The Injuries Board can only deal with cases where there is no dispute on liability. The Injuries Board never hear from claimants as to how their injuries have affected them. They rely solely on medical reports furnished to them. The Injuries Board deal with motor accident and public and employer liability claims.

All personal injury claims (except medical negligence claims) must be lodged with the Injuries Board within two years from the date of the accident. A form is completed by your Solicitor and lodged with the Board together with a medical report and a cheque for €45.00. Once the claim is registered with the Board, the statute of limitations is stopped. The Injuries Board then forward a copy of the application to the respondents and/or their insurance company requesting their consent to the Board making an assessment of damages

What Compensation Should I Expect to Receive?

The Injuries Board has prepared an estimator which is intended to provide injury victims with guidelines in relation to the value of their injury claim. Each case, however, is considered on its own merits which take into account the individual circumstances of each injury victim such as age, occupation, severity of the injury, the impact of the injury and the prognosis for recovery. The Estimator is a visual display of the information contained in the book of quantum prepared by the Injuries Board. This is not to be taken as a definitive guarantee of this level of compensation in each and every case.

In addition, claimants can also claim for out of pocket expenses such as medical expenses, vehicle damage, costs and loss of earnings. In more serious cases there can also be future loss of earnings and medical claims.

For advice in relation to what compensation you should expect to receive please contact Vincent, personal injuries Solicitor, at +353-1-8401780 or e-mail vincent@shannons.ie

Guardianship

On a previous post, we touched on Unmarried Parents and custody. To see all of Shannons Family Law related posts, just click on the tag to right of this page: 'Family Law'.

Guardianship means the rights and duties of parents regarding the upbringing of their children. It is the duty to maintain and properly care for a child. It includes and is not limited to the right to apply for a passport for the child and the right to make decisions about where a child will live, a child’s religious denomination, their education, medical decisions and requirements and their general welfare. As previously stated, a married father is automatically his child’s guardian. Guardianship is presently governed by the Guardianship of Infants Act 1964 as amended by the Children Act, 1997. An application for Guardianship is made under Section 6A of the Guardianship of Infants Act 1964, as amended.

It obliges the mother of the child to involve the father of the child in important decisions concerning the child’s welfare. When a father is appointed a guardian of the child the mother of that child cannot leave the country without the father’s consent. If she does so and fails to return, this is considered the criminal offence of child abduction and she can be subject to criminal

A guardian of a child can appoint a testamentary guardian in their Will. This is a very important part of being a guardian and we highly recommend that this is done. The parent attends us and makes a Will appointing a person to act as guardian, in their place, if they die. This testamentary guardian can then apply for custody of the child. It is specifically important for single parents to do this as it ensures that the child will have a guardian of their choice should they die.

Alternatively, an application can be made to Court to have a person appointed guardian where the child has no guardian. Making a Will therefore alleviates this problem. If a testamentary guardian is appointed and another guardian is surviving, both guardians will act jointly with each other and have the right to apply for custody of the child. This can be applied for by attending at our office or alternatively attending in person at your local District Court office.

To talk to Tim Shannon, an expert in Family Law, don't hesitate to call the office in Swords on 01-8401780 or e-mail tim@shannons.ie

Concerns Rise Over New Church Abuse Audits

Many T.D's including Fianna Fail's spokesman for children, Charlie McConalogue, are speaking out and calling for official enquiries following disturbing revelations yesterday. Six audits that were published by the National Board for the Safeguarding of Children in the Catholic Church (NBSCCC) raised many questions and concerns.

Abuse survivors who had made claims against 85 priests since 1975 in the dioceses of Raphoe, Tuam, Kilmore, Dromore, Ardagh and Derry stated that the audits were not thorough enough; they did not name the abusers, interview any abuse survivors or detail how mishandled the allegations were. Seeing as the audits were carried out by the Church owned NBSCCC and were not carried out independently, people questioned how of the 85 priests who had claims against them, only eight were convicted.

In comparison, cases in the dioceses of Ferns, Dublin and Cloyne between the years 1996-2009 were conducted by state commissions.

Colm O’Gorman of Amnesty International Ireland said: "We need to be conscious that these are reports by a body sponsored by the Roman Catholic Church, only published with the approval of the bishops concerned." The Irish Examiner

Victim Martin Gallagher said the audit failed to take account of victims who did not make formal complaints: "We’ve been let down again. The only thing that can be done now is a full state investigation. It took me 10 minutes to read it [the 20-page audit]. It was a joke." The Irish Examiner

The audits were slammed for not being a direct representation and calls for a national assessment, which should be carried out across all dioceses in the country, have been put forward.

However, it has been noted that the latest results are a stepping stone to "improvements in the attitude to and understanding of child protection" says the head of the NBSCCC, Ian Elliot. Elliot went on to say that more audits are to be published next year and audits into every diocese in the country would be completed within the next two years.

Shannons Solicitors is aware of this sensitive subject and has over 30 years experience in dealing with abuse cases that involve the Catholic Church. If you are one of these victims you should contact us now to take legal action on your behalf against the Church so that your suffering will be admitted and compensation will be paid to you. Call Vincent Shannon, Solicitor or Tim Shannon, Solicitor on (01) 840 1780 or email vincent@shannons.ie , or write to us at 29 Main Street, Swords, County Dublin, Ireland, in complete confidence that your case will be dealt with discretely and privately.

Road Traffic Accidents

If you have ever been involved in a road accident, you need to be represented by an experienced personal injury lawyer. All road traffic accidents have distinct features but regardless of whether you were involved in a car accident, bus accident, motorcycle or other vehicle, Vincent and Tim will do all they can to get you the highest possible compensation.

Rules relating to buses and other people carriers are stricter than that of cars. There is a special duty to take care of passengers and Vincent and Tim Shannon can look after your personal injury case whether you were the bus driver, the bus passenger or travelling in another vehicle involved in an accident with a bus or a train.

An insurance company will be responsible for paying compensation to the victim of a car accident. If the accident is the fault of somebody else you are entitled to take a claim for loss and injury suffered which may include healthcare for serious injuries as well as repair of damaged vehicles. Vincent and Tim Shannon will ensure you recover the total compensation you deserve. Injuries such as whiplash, back and spinal injuries can cause long term loss and it is vital for you to instruct experienced lawyers, like Vincent and Tim Shannon.

Even low impact accidents can cause serious injury affecting vital parts of the body such as the back, neck and limbs.

If you were involved in a hit and run or an uninsured driver accident Shannons will deal with the Motor Insurers Bureau of Ireland who compensate victims of road traffic accidents caused by uninsured and unidentified drivers. With the help of Vincent and Tim Shannon you will be able to move on after a difficult time in your life, with a free consultation from our personal injury team to take you through your case.

Vincent Shannon has been cycling in the Dublin area for 30 years and during that time he has seen how talking on a mobile phone, speed and fatigue often cause motorists to collide with cyclists causing serious injury and loss to the cyclist.

Experienced cyclist injury lawyer Vincent Shannon can obtain compensation for you to recover all your losses like medical bills and bike repair.

Cyclists on Irish roads are at a huge disadvantage and there have been some very serious accidents and fatalities. Cyclists have very little chance if involved in an accident with a vehicle.

Vincent or Tim will be able to advise you in relation to problems such as “blind spots”, where a car or truck pulls out from a parked position or cuts across the road in front of a bike or where a motorist opens a car door in front of an on coming cyclist.

Motorcycle accidents present different aspects which require experienced lawyers like Vincent and Tim Shannon. You need a motorcycle accident specialist who is a motorcyclist himself, Vincent has been using his BMW motorcycle in Dublin for many years, and understands exactly how motorcycle accidents occur and where blame lies.

The dangers of motor cycle riding and the serious injuries incurred by motorcyclists are a specialised area of personal injury law and the team behind Vincent and Tim Shannon can provide you with a comprehensive service as you go through this process.

We will make sure your medical and healthcare bills are paid. A free consultation can be arranged for you by contacting Vincent or Tim Shannon on 01-8401780 or e-mail vincent@shannons.ie

The Civil Partnership Act, 2010

The Civil Partnership Act, 2010 deals with not only the registration of civil partnerships for same sex couples but also sets up a scheme for unmarried co-habiting couples both of the same sex and opposite sex who can now legalise their relationship and Tim Shannon of Shannons Solicitors is a specialist in this area and was instrumental in drafting the first Co-Habitation agreement.  The new Act of 2010 does the following:-

1.      Sets up a redress scheme which provides protection for people at the end of a long-term same sex or opposite sex relationship. The Court can make Orders similar to those made by Court in Divorce or Separation proceedings  including property adjustment orders, compensation orders, maintenance orders, pension adjustment orders and applications for provision from the estate of a deceased co-habitant.  

2.      The Act sets out the definition of a qualified co-habitant as a couple of the same sex or opposite sex living together for a period of two years or more where they are parents of one or more dependent children and five years or more otherwise.  

3.      Each case will be dealt with on its own merits but the court will be mindful of the following when deciding if couples at the end of a relationship come within the meaning of co-habitant;

                                   i.            The duration of the relationship. 

                                ii.            The basis on which the couple live together.

                              iii.            The degree of financial dependence of either adult on the other.

                              iv.            The degree and nature of any financial arrangements between the adults.

                                 v.            Whether there are one or more dependent  children.

                              vi.            Whether one of the adults cares for  and supports the children of the other.

                            vii.            The degree to which the adults present themselves to others as a couple.

4.      In general the co-habitants must prove that they live together in an intimate and committed relationship and that they are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other.

If you would like to talk about the effects of the new legislation on you or your partner or if you would like to discuss the drawing up of a co-habitation agreement please call Tim Shannon, based in Swords, at 01 840 1780 or send an e-mail to tim@shannons.ie 

Unmarried Parents

When it comes to parent's rights and status regarding their children, in Ireland it highly depends on whether the parents are married or not. It may be common knowledge but a married father has joint custody and is the joint guardian of the child. An unmarried father would not have these rights automatically and would have to apply to the Courts for them.

When a child is born, the mother, on the other hand, has sole custody and sole guardianship. Again, the father does not have automatic rights and must apply in the District Court for custody and guardianship.

Many fathers are unaware of their rights if a relationship, unfortunately, comes to the end and it's extremely important to know. Being ignorant of the subject could fare badly for the father when it comes to seeing their child. Of course, the most important factor is the welfare of the child- it is within the rights of the Court to decide and consider what is at the child's best interests and safety. Access to the child is the right of the child and not just the parents.

Laura and Tim Shannon are experts in Family Law at Shannons Solicitors in Swords, Co. Dublin and are here to help you with any queries you might have about the aftermath of a relationship and to talk to you about your rights. If you're looking for legal advice that's free, confidential and expertly given, don't hesitate to call Shannons on 01-8401780 or e-mail vincent@shannons.ie

Catholic Church – Liable for Abuse by Priests

In a recent English court case a Judge held that the Catholic Church and Senior Bishops can be held legally responsible for sexual abuse by priests.

A decision was given in favour of a 47 year old woman who claims that she was sexually assaulted as a child by a deceased priest.

The woman was a resident of a children’s home run by an order of nuns.

The Judge held that the church “may be vicariously liable”.

This means that by virtue of the relationship between the church, the bishop, and the abusing priest, the church can be held responsible for the actions of the priest, as she was under the care of the church at the time.

This was the first time a court had been asked to rule on whether the relationship between a catholic priest and his bishop is akin to an employment relationship. Clearly the courts in England are ruling towards holding that bishops and the church are responsible for the actions of priests who serve under the bishop and while a member of the church.

The claimant in this case is seeking damages for personal injury. She alleges she was sexual abused and raped by the priest in 2006 when she was a resident at the children’s home. The Judge stated that the priest was appointed by and on behalf of the church and the bishop. He was so appointed in order to do the work of the church and the work of the bishop.

He said it as they who appointed him to the position of trust which (if the allegations be proved) he so abused.

If you or anyone close to you has suffered abuse while under the care of the church, please contact Tim or Vincent Shannon to discuss the matter further, telephone 01 8401780 or email vincent@shannons.ie.

We have a dedicated website:  http://www.raphoe-cloyne-sex-abuse.ie/  which will constantly be updated with latest news and information with regards to Clerical abuse.

Personal Injury Law

In a perfect world, personal injury would be avoided. However, if you find yourself in such a situation where you need legal back up for any injury related situation, keep Tim, Laura and Vincent in mind as they are here to help.

Accidents change lives, affect financial stability and job security and mental as well as physical health. If you have been the victim of an injury that wasn't your fault, then you are more than entitled to compensation.

Beyond that, enlisting the help of Shannons Solicitors could make a positive domino effect on the well-being and safety of others who could potentially be harmed in the future.

Our aim is simple: We want to be there to answer your questions promptly on the phone, in person or via e-mail. We're here to give you legal advice that represents your best interests.

Don't hesitate to get in touch if an injury has affected you or a loved one. 

Dental Negligence

Shannons Solicitors, Swords are involved in several dental malpractice claims where clients

have suffered dental injuries such as wisdom tooth injuries, root canal, fillings, crowns,

bridges and periodontal disease.

In a recent case a woman won €255,000 compensation for agony she suffered as a result of a

dental procedure.

Due to the dentist’s negligence the woman’s life and lifestyle had been diminished to an

extraordinary degree.

She first sought treatment for a loose crown which had been applied to one of her upper front

teeth by another dental surgeon.

Her new dentist found she was missing several teeth and was suffering from the gum disease

periodontics.

The Judge found that it was inappropriate to apply braces to the Plaintiff’s upper jaw and to

her lower jaw. The Judge said he was satisfied on the evidence of an expert witness that as

a result of the dentist’s negligence, the Plaintiff’s treatment and recovery had probably been

delayed by about fifteen or twenty years.

If you have suffered any injuries as a result of dental negligence please contact Vincent

Shannon or Tim Shannon immediately to discuss your case to see if you have suffered

injuries as a result of dental negligence.

Call Vincent or Tim Shannon on 01 840 1780, or

Email vincent@shannons.ie www.shannons.ie

Keeping you up to date with the new RSA annoucements on drink driving

The Road Safety Authority have released a series of advertisements keeping people in the know of how much is too much and the repercussions of drink driving with the law. We've decided to give you the lowdown and be aware of what is in store for anyone who attempts to drive after a few drinks.


Fines will start at €200 for a driver with a blood alcohol concentration (BAC) of 50mg to 80mg, €400 with a BAC from 80mg to 100mg. Drivers with a BAC of 80mg to 100mg will not be allowed to hold a drivers licence for 6 months, regardless of penalty points or how many are obtained over a period of 3 years.


Drivers with a BAC between 50mg to 80mg will receive 3 penalty points, which will be present on their licence for the following 3 years. An accumulation of twelve points over a 3 year period will result in the driver being disqualified from driving for 6 months.


For learner drivers, newly qualified and professional drivers, which are those driving buses, goods vehicles and taxis, they will be fined €200. These drivers will be disqualified from driving for 3 months.


In every case, all drivers will be under arrest and brought to the nearest Garda Station. Blood, urine or breath samples will be taken as evidence and to measure the amount of alcohol present in the body. Each driver will then be served with a fixed penalty notice. Failure to accept this notice and choosing to go to court instead may involve increased fines and disqualification of driving for up to one year.


With the bank  holiday weekend approaching, drink driving is often on the increase so remember to drive safely and use alcohol responsibly.


However, for all road traffic offences, never hesitate to call Laura Shannon at Shannons Solicitors on 01 840 1780 for representation and the best advice.
And for more information on the Road Traffic Authority visit www.rsa.ie

Pfizer Inc. pay settlement due to the marketing of an illegal drug.

Drug makers, Pfizer Inc. has had to agree on the payment of $14.5 million to the government over the wrongful advertising of a drug for an overactive bladder condition.



This settlement comes after $2.3 billion was paid out in 2009 for criminal charges. Many of these involved claims by civilians and as their fourth settlement proceeding in a year, it involved with the illegal marketing of medicine to about 13 large sellers, including Viagra. The 2009 settlement sparked the agreement that the Pfizer had to be monitored for the following five years with regards to violating the law and continuing to market new drugs.



Detrol, the drug involved in this 2011 case, was advertised to men with swollen prostates and other bladder related conditions. However, the medicine was not approved for these cases and was actually for leaking problems and the need to urinate more often than usual.



Pfizer Inc. denies the accusations and admits to settling as a way to avoid ‘the cost and distraction of litigation.’



The payment to the government of $14.5 million will be divided among state Medicaid programs and the federal government. Whistleblowers who reported the wrong doing by the pharmaceutical company, will receive $3.2 million from the governments share.



The latest settlement was announced last Friday by the U.S. Attorney’s office, Boston.

If you or someone you know have had a similar experience with a drug recall or any other legal matter, please don’t hesitate to contact Vincent Shannon at Shannons Solicitors in Swords and visit Drug Recalls Europe to find a lot of information that can help you on the matter of recalls and defects.

News and Cases from the Court

A student from Skerries recently pleaded guilty to driving a vehicle without a licence, without an NCT disk and with no insurance. Stopped on Main Street, Rush in June 2011, Dean Foran has been disqualified from driving for the next six months as well as fined €650 by Judge Patrick Brady. He had no previous convictions.

A young man, who drove a vehicle without a fully licensed driver, was fined €150 at Balbriggan District Court. Gerard Hoare from Rush pleaded guilty to driving the car unaccompanied in June of this year. Hoare's solicitor said he drove the car as his mother was ill and he needed to get the messages for her. Judge Patrick Brady warned Hoare not to drive alone until he is fully qualified to do so and charged the 20-year-old €150.

A woman who has been charged with being drunk and in turn using threatening behaviour was remanded on bail at Balbriggan District Court last week. Melissa Bell of Pasture's Way in Balbriggan apparently refused to take garda direction and used abusive behaviour on June 18th. Judge Patrick Brady granted Bell's solicitor disclosure and adjourned the case until October 20th.

A man who allegedly handled stolen property had his case adjourned at Balbriggan District Court last week. Hugh Nevin from Co. Laois was charged with handling a chainsaw apparently knowing it was stolen at Balbriggan Sunday Market on February 13th. Nevin will appear in court again, on November 3rd, for a plea.

Caught drink driving for a second time within four years, a man living in Tullyallen in Co. Louth has been banned from driving for six years and ordered to do community service. Gints Kazbukis was brought to Santry Garda Station where he was breathalysed. His previous convictions consisted of speeding in 2007 and drink driving in 2008. In lieu of spending five months in prison, Kazbukis did 150 hours of community service. 'He is extremely apologetic' and 'has learned his lesson', solicitor Fiona Kelly said. The father of three, from Latvia, is aware that if he commits such an offence again, he will serve the prison sentence.

Possession of cannibas worth €30 cost a man from Lusk a fine of €150. Dominic Daly pleaded guilty at an Apple Green service station in Balbriggan in April of this year. The 25-year-old admitted to the court that it was 'a stupid mistake' and paid the fine.

A fine of €450 was handed to a young man who was found with cocaine for his own recreational use. Pleading guilty to possession of the drug, Gareth Lokko of Balbriggan had €140 worth of cocaine which was found when his home was searched on April 11th.

A man in Balbriggan has been ordered to pay €1,500 in compensation for assault. For a probation report to be compiled, his case has been adjourned. Stephen Teeling from Darcystown in Balbriggan admitted to and pleaded guilty to assaulting Mark McMahon at The Harbour View on January 8th. The case was adjourned until October 20th for the report.

And lastly, a man who stole a vehicle, which, he then crashed, has had his case adjourned, as Judge Patrick Brady needed an estimation of damages. Pleading guilty to the theft in Skerries, Patrick Redden from Galway failed to stop for the gardai when they were alerted in the early hours of September 17th. There was no value given to the damage so Redden was remanded on bail until October 20th when a proper report could be compiled.

And that's a summary of what's been happening in the courts. Don't forget to stop by our blog regularly and catch all of the latest and updated legal news.

Cork boarding school sex abuse claims: HSE launches probe

The Health Service Executive (HSE) is to conduct an investigation into allegations that pupils at a boarding school were sexually abused in the past while it was being run by the Missionaries of the Sacred Heart.

The allegations related to Colaiste an Chroi Naofa in Carraig Na Bhfear, Co Cork, in the 1980s and early 1990s and were highlighted in the Seanad by Senator Mark Daly under parliamentary privilege.

Seven abuse complaints were made by six men and one woman against the school's former principal Fr Donncha MacCarthaigh, who has denied any wrongdoing.
He was a Cork GAA county selector and trainer between 1986 and 2008. In the late 1980s he stepped aside as principal and became a career guidance counsellor in the school. He was put on restricted ministry in the mid-1990s.
Gordon Jeyes, the HSE national director for children and families, announced yesterday it would begin an inquiry.
He said the inquiry would co-operate with the gardai and asked anyone who had any information to come forward.

Minister for Children Frances Fitzgerald and Justice Minister Alan Shatter welcomed the decision.

They were assured that nobody against whom allegations have been made "were currently engaged in any work activities which bring them into contact with children".
Another former teacher at the school, Fr Tadhg Daly, was convicted of 10 sample counts of indecent assault of a 12-year-old former pupil in 1999 and sentenced to three years in prison.
Senator Daly said the first complaint of sexual abuse against Fr MacCarthaigh was in 1986. Although he was put on restricted ministry a decade later, he has been saying Mass and regularly leaves the country wearing a priest's collar.
Under restricted ministry he is to "refrain from being identified as a Roman Catholic priest".
The National Board for Safeguarding Children confirmed it is also investigating the order's child protection policy and handling of complaints.
The school is currently a day co-educational voluntary school attended by 450 pupils. It is run by a board of management representing trustees, parents and staff.

- Eilish O'Regan and Fionnan Sheahan (Irish Independent)

NOTE:  If you are a vicitim and would like to discuss this or any of the other blogs, please feel free to contact Shannons Solicitors at +353-1-8401780 or via www.shannons.ie

Anti-psychotic drugs discovered in Nurofen Plus packets

The Irish Medicines Board (IMB) yesterday began recalling all packs of Nurofen Plus tablets from Irish wholesalers for checking after some were sabotaged in the UK.

Five packets found in Britain and Northern Ireland were found to contain an anti-psychotic drug after being tampered with.

The IMB said it was taking the move as a precautionary measure. Pharmacists were asked to check all packs of Nurofen Plus on their premises before selling them.
The IMB said all unaffected packs may be sold to the public.

It said it had been closely monitoring the discovery on the UK market of packs of Nurofen Plus Tablets containing rogue blister strips of either Seroquel XL 50mg Tablets or Neurontin 100mg capsules.

"While the UK-implicated pack size of Nurofen Plus of 32 tablets is not available for sale on the Irish market, and there is no evidence at this time that packs of Nurofen Plus in Ireland are affected, the IMB, as a precautionary measure, has initiated a recall of all packs from Irish wholesalers for checking," it said. It added that the move had been done in consultation with Reckitt Benckiser, the owner of Nurofen Plus.

So far, five packs of 32-tablet size Nurofen Plus containing rogue blisters have been identified in the UK and Northern Ireland.
"While there have been no serious health consequences to any consumer in the UK, sabotage of the product is suspected and Reckitt Benckiser UK is working with the UK police on a formal investigation into the issue," the IMB said.
It advised people who might have recently purchased the product to check their packs of Nurofen Plus to make sure that they contained Nurofen Plus blister strips and a Nurofen Plus Patient Information leaflet.
"Any patients who have any concerns or in the unlikely event that they find a rogue blister strip or leaflet, should contact their pharmacist."
Distribution of Nurofen Plus has been halted in the UK and in Ireland.
Pharmacists were asked to immediately quarantine all packs of Nurofen Plus Tablets that are in their pharmacies and to open and check those packs for the presence of any rogue blister strips.
Pharmacists should also check that the patient information leaflet in each pack is for Nurofen Plus Tablets and not for another product, the IMB said.

- Don Lavery (Irish Independent)

Parishes asked to sell houses and fund diocese abuse bill

PARISH priests in a scandal-hit diocese have been told to draw up a list of properties that can be sold to raise funds for child-abuse compensation.

The Irish Independent has learned that the Diocese of Cloyne in Cork is making the move in a desperate bid to shore up its finances.

Buildings that previously housed priests will be put on the market to help pay the looming compensation bill.
The Diocese of Cloyne will also be seeking a voluntary 6pc levy on all gains from the future sales of parish property.
That means that the parish - which normally controls its own finances - will have to hand over a portion of the proceeds from the sale of property to the overall diocese coffers.
The diocese admits it owns little residential property suitable for immediate disposal. But local parishes -- which do have suitable properties - will be asked to consider to consider selling off houses they don't need.
While the sale decision will remain strictly with the individual parishes, this method has been identified as a key factor in restoring diocesan finances.
The bill for compensation claims in the diocese is expected to reach millions of euro.
Last month, a report into child protection in the diocese identified a litany of failings under the watch of former Bishop John Magee. Archbishop Dr Dermot Clifford -- who has been running Cloyne since early 2009 -- admitted it could be years before the diocesan finances fully recovered from the fallout of the scandal.
"There will be a lot of compensation to be paid -- some has already been paid. The resources of the diocese financially will be very low and it will be a big job to rebuild the Diocese of Cloyne," he said.
However, the diocese will face major hurdles in raising the cash because the individual parishes own the properties, and a decision must be taken at local level on whether to sell or not.
And even if they do opt to sell buildings, property prices have fallen by up to 50pc in some parts of Cork.
The diocese's major assets, such as the Bishop's Palace in Cobh, are unsuitable for disposal in the midst of the worst property crisis in Irish history.

The last major property the Diocese of Cloyne was able to sell -- a former clerical house in Killeagh in east Cork -- fetched €240,000 two years ago.

This money was used to
The individual 46 parishes in Cloyne own a great quantity of residential property, including houses formerly used as homes for clergy. Many of these are now surplus to requirements, given the declining number of priests.
The diocese has a catchment area of about 250,000 people with 133 clerics. That is around 60pc of the number clerics it had 20 years ago.
Diocesan spokesman Fr Jim Killeen said the 6pc levy would be aimed at supporting diocesan finances.
"The diocese actually owns very little property (suitable for sale). That is what we will be asking parishes to contribute," he said.
But since 2008, parishes have been extremely reluctant to sell property given the slashed market returns available.
"It is perfectly understandable, after all, the market is pretty difficult at the moment," Fr Killeen added.
Cloyne is the latest diocese to be identified as having had serious child-protection failings in the past following similar damning reports on the dioceses of Ferns and Dublin.
The Archdiocese of Dublin -- which faces more than €13m in compensation payments -- is considering a Mass levy.

But the Irish Independent understands there are no plans for special diocesan Mass collections to support compensation payments in Cloyne.

Any such move would be hugely controversial in the area. Fine Gael TD Tom Barry, who lives in the Diocese of Cloyne, has bluntly warned against this option. Cloyne has to date settled a total of five compensation claims but it now faces at least a dozen more such claims.

- Ralph Riegel

Irish Independent (August 30 2011)

Report on allegations of assault by priests is delayed

A REPORT into sex abuse in the Diocese of Raphoe has been delayed after the man carrying out the investigation asked for more information from church authorities.
The church-run National Board for Safeguarding Children in the Catholic Church (NBSCCC) has spent months carrying out a review of all allegations made against priests in Co Donegal.
The long-awaited report was due to be published by NBSCCC chief executive Ian Elliott at the beginning of September.
But now it is understood the audit will not be made public until October at the earliest.
It is understood Mr Elliott has contacted the church in Donegal seeking further information on certain matters, which has now caused the delay.
However, a spokesman for the board said it could not comment on any aspect of the report until it was published.
When the report is complete it will be forwarded to the Bishop of Raphoe, Dr Philip Boyce, who will decide when to make it public.
The communications director with the Raphoe diocese, Fr Paddy Dunne, said he understood it would be "some time" before the report was released to Bishop Boyce.
Notorious

Raphoe is the sixth of Ireland's 26 dioceses to have an audit into alleged sex abuse by priests carried out.

It contained some of the country's most notorious paedophile priests including Fr Eugene Greene.
Fr Greene was jailed for 12 years in 2000 for the rape and sexual assault of 26 boys but was released in 2008.
Six priests from the Raphoe diocese have so far been brought to justice for their crimes.
The board, which was formed in 2006, was tasked with uncovering the full extent of all complaints or allegations, know- ledge, suspicions or concerns of child sexual abuse, made to the Raphoe diocese by individuals or by the civil authorities in the period of January 1, 1975, to the present day against Catholic clergy.
Its objective will be "to confirm how known allegations have been responded to and what the current arrangements for safeguarding children are" in the diocese.
It is not believed the Raphoe report will feature priests involved in abuse before 1975.
A recent report that claimed "hundreds and hundreds" of victims were abused by up to 20 priests in the diocese was dismissed by Bishop Boyce who said it was simply not true.

- Stephen Maguire

Irish Independent (August 30 2011)

Late Applications to the Redress Board

The board has extended the time limit to submit late applications to the 16th of September 2011.  

The Redress Board was set up under the Residential Institutions Redress Act, 2002 to make fair and reasonable awards to persons who, as children, were abused while resident in industrial schools, reformatories and other institutions subject to state regulation or inspection. The Board, which is wholly independent, is chaired by Sean O'Leary, SC, a retired Circuit Court Judge. All applications for redress are treated in the strictest confidence, and all hearings conducted by the Board are in private.

In bringing a late application for redress there are a number of questions which an applicant should consider in order to meet the requirements of the Board.

When did you first learn of the existence of the Residential Institutions Redress Board? Who advised you of the existence of the Residential Institutions Redress Board? When did you become aware that you were entitled to file a Late Application with the Residential Institutions Redress Board? The Redress Board carried out an extensive advertising campaign between the period December 2002 and December 2005 The Redress Board held twelve information dates throughout England in 2004 as well as placing advertisements in Sunday Newspapers, Daily Newspapers and publications aimed specifically at the Irish Community in the United Kingdom. Did you attend any or these or were you aware of them? In addition the Redress Board arrange for the distribution of seven and a half thousand leaflets to the Network of Irish Societies. The Redress Board also placed advertisements in selected Newspapers in the United Kingdom highlighting each Ministerial Order which added to the Institutions listed in the Schedule of the Residential Institutions Redress Act 2002. It also placed advertisements in selected United Kingdom Publications advising Applicants of the closing date for receipt of Applications being the 15th of December 2005. Did you read any of these? Did you observe any of the advertisements placed by the Redress Board ? Have you any involvement with the Irish Community in your country of resident and in particular if you are affiliated to any of the Irish Clubs and/or Societies? Have you any extended family currently living in Ireland and if so whether you are in regular and/or ongoing contact with them? What contact which you have with any extended family living in Ireland between the period of December 2002 to date? Have you returned to Ireland on a regular basis and if so how often you may have returned to Ireland between the period December 2002 - 2005? Have you made any return since December 2005 to date? In the event that you did return to Ireland during the period of December 2002 - 2005 how often you returned and the duration of your stay on each return visit? Why did you not file a Late Application with the Board on or before the 15th of December 2005 and what exceptional circumstances prevented you from making an Application on or before that date? Why you have not filed a Late Application with the Board since December 2005 to date and what if any are the exceptional circumstances which exist in respect of you filing an Application at this time? These are the issues any late application must address. Applications must be made on affidavit & for that reason we suggest you consult a solicitor with expertise in this area. Other factors such as literacy difficulties, illnesses and remoteness of the applicant from Ireland can also be bourne in mind.