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As a family-run Solicitors firm in Swords, Co. Dublin, our aim is to keep you, the readers, up to date with new posts and information that may help with any legal query you may have or help you may need. We have recently started a Facebook page, so to like our page please click here. We really appreciate your support and hope we can help you in the future or have helped in the past.

Thank you,

Shannons Solicitors

Sexual Harassment and Abuse

Vincent and Tim are specialist lawyers in the area of sexual abuse and harassment, having dealt with a large amount of cases in recent years involving clerical sexual abuse; the fall out from the Murphy Report, Ryan Report, Ferns Report and most recently the Cloyne Report.

Tim and Vincent Shannon deal with these cases in a sensitive manner and only require you to furnish basic details to establish the nature of the case, and then when you are ready the complete instructions can be given in your own time.

Many of the cases Shannons bring are for psychological or physical injury that occurred many years ago; perhaps when you were a child events occurred which you put out of your mind until the recent reports or events brought the memories back. It is important that you do not delay once you decided to take action as a result of abuse that took place long ago. Once there has not been an inordinate or inexcusable delay then you will be able to proceed. These cases take some time to bring to court but this period of time will enable you to establish a bond of trust with Vincent or Tim Shannon who will be able to present your case having got to know you and the circumstances of the case.

For help and advice, please don't hesitate to contact Tim or Vincent Shannon by calling 01-8401780 or e-mailing vincent@shannons.ie 

Passport Applications and Sole Guardians

At  Shannons Solicitors in Swords we provide help for people who are applying for passports where the parent is the sole guardian of the minor. When making such a passport application, an Affidavit of Sole Guardian is required. This Affidavit must be completed and signed in the presence of a Solicitor or a Commissioner for Oaths like Vincent Shannon.

When filling out the Affidavit form, it should be accompanied by the regular passport application form, APS1 or APS2, depending in if the applicant lives in the State or abroad. The child’s long form birth/adoption certificate and previous passport, if applicable, is also essential.

If the child was born after 1st January 2005 and the parent is not an Irish citizen, other documents will be required and this can all be discussed with Vincent Shannon of Shannons Solicitors.

If you are making such a passport application, why not contact us on +35318401780 or email vincent@shannons.ie for advice and an immediate response. Or you can drop into us at 29 Main Street in Swords, Co Dublin.

Possible Long Term Damage Involving Breast Implants

Vincent Shannon Solicitor of Shannons in Swords has been consulted by many women, including several from Northern Ireland, who have received breast implants and are now extremely concerned about the potential long term damage to their health.

Compensation claims regarding breast implants by the French company Poly Implant Prothese (PIP) could be affecting up to 1500 women in Ireland this new year. A widespread recall is underway following the death of a woman in France who suffered from anaplastic large cell lymphoma. Sparking a large social media campaign from others who were experiencing strange illnesses, the French government has now advised that victims may need to get them removed.

Vincent Shannon is advising any woman to consult their GP immediately and to get in touch with their surgeon. An ultra sound or mammogram should then be carried out, checking whether there has been a rupture or not. If there has not yet been a rupture, there is still concern about future damage; removal is the safest option at this time.

Vincent Shannon said that the current concern is to have the proper Defendant in court proceedings.

"This is effectively a Sale of Goods legal argument and the clinics that provided the operation had an obligation to use products that are fit for the intended purpose and suitable for the Consumer to use."

Initially, people who supplied the silicone would be the potential target but ultimately it will be the clinic that carried out the operation. However, there is the possibility that The Irish Medicines Board could be targeted as well.

To seek sound and professional legal advice and representation with regards to these serious matters, never hesitate to contact Shannons Solicitors in Swords on 01-8401780 or e-mail vincent@shannons.ie

Vincent Shannon advises the women to, firstly, concentrate on the medical advice regarding the safe removal of the implant while simultaneously seeking legal advice about compensation for the losses incurred. 

Related Article: Concerns Rise Over Poly Implant Prothese Breast Implants

Enduring Power of Attorney

An Enduring Power of Attorney is an extremely useful document and is generally used for elderly people. It allows a family member or other nominated person (the attorney) to be given a power of attorney that can be registered if, and only if, the donor is becoming mentally incapable of managing their own affairs.

Two or more Attorneys can be appointed. If such a power is not created and the person becomes mentally incapable of managing their own affairs, then an application to Court must be made. This will appoint them a Ward of Court which can be a costly and lengthy procedure.

An Enduring Power of Attorney is drafted in our office and can be done  very quickly by Laura Shannon. The person seeking the power must have the capacity to understand the decision they are making. Whilst drafting the Power, we ensure that the person creating it fully understands the important decision that they are making. It is essential that a doctor certifies that the person creating the Power is capable of managing their own affairs.

An Enduring Power of Attorney can incorporate business/financial affairs and/or personal care decisions. Personal care decisions can incorporate any one or more of the following matters:

1. Where the donor should live;
2. With whom the donor should live;
3. Whom the donor should see and not see;
4. What training or rehabilitation the donor should get;
5. The donor’s diet and dress;
6. Inspection of the donor’s personal papers; and
7. Housing, social welfare and other benefits for the donor.

It is the donor’s decision as to what they will allow the attorney to decide on their behalf, if they become incapable of managing their own affairs. In our experience, this depends on the relationship between the parties.

Once the Power is drafted and signed, it is stored in our office for safe keeping. If the donor becomes mentally incapable of looking after their own affairs the Power is then registered in the High Court. Once this has been completed, the attorney will receive the Enduring Power of Attorney and this will allow them to make the specific decisions named in the Power on behalf of the donor.

On matters regarding the Power of Attorney, Laura Shannon is the person to contact at Shannons Solicitors on 01-8401780 or you can e-mail laura@shannons.ie.

From all of us at Shannons, have a nice weekend.

Separations and Divorce- Know the Tax Implications.

Many of us may know the old joke about the husband replying to his wife ' I wasn't thinking of spending that much', when she asks for a divorce for Christmas. There's a lot of truth in this, however, and it's important to seek the right advice.

This post is about the tax implications regarding divorce or the decision to separate. It is so important to take the advice of a tax professional when considering separation as the assessable person will lose their married person's allowance and married rate band for a full year after the separation. 

Nearly every separation or divorce involves maintenance and if paying a legally enforceable maintenance payment, you will be entitled to a tax deduction for these payments. The receiving spouse, however, will be taxed on the maintenance payments.  

You will not be entitled to a tax deduction for financial settlements further to a Separation or Divorce and the recipient will not be subject to tax on such payments. You will be entitled to the married tax credit on such payments but not the married tax band. These differences are important and could result in huge savings or losses and it is important to get advice.  

It is also valuable to know that providing both people are resident in the State, the separated individuals can choose to be treated as a married couple for income tax purposes. As well as that, maintenance payments are included in a legally enforceable Separation Agreement or Court Order.  

Submitting a joint election may solve signing documents into the future which, we know, many separated people do not want to do. In this event, maintenance payments are ignored for tax purposes which might be a considerable advantage and if a couple are on good terms, despite separation, this would be the way to go.  

Maintenance payments in any event, made for the benefit of children, are ignored for tax purposes. In relation to capital taxes, transfer of property is regarded as a no gain/no loss situation and liability will arise in the year of separation. Any capital losses may be transferred between the spouses in the year of separation. 

Tim Shannon has over 30 years experience with Family Law and is here to help you and give any advice about the situation you may be faced with regarding your separation or divorce.  

Based in Swords, Co. Dublin, you can call Shannons Solicitors on 01-8401780 or e-mail tim@shannons.ie for a quick and informative reply.

Concerns Rise Over Poly Implant Prothese Breast Implants

Compensation claims regarding breast implants by the French company Poly Implant Prothese (PIP) could be affecting up to 1.500 women in Ireland this new year. A widespread recall is underway following the death of a woman in France who suffered from anaplastic large cell lymphoma. Sparking a large social media campaign from others who were experiencing strange illnesses, the French government has now advised that victims may need to get them removed depending on results of an investigation which will be revealed at the end of this week.

Although a direct link to cancer and the implants is not yet proven, research is underway to see if the materials used in these implants have serious side effects. If it does, then surgery to remove the implants will be offered.

An initial recall took place in March 2010 when it was said that they had a much higher than normal rate of rupturing- a rate of 5% in France. The gel used in the implant was of a lower medicinal grade that had been passed by health and safety authorities. The cheaper substitute is said to be more commonly used in the making of mattresses and is more industrial than medicinal.  

With the potential to affect up to 1,500 women in Ireland who underwent the surgery for purely aesthetic reasons from January 2001 to March 2010, many people should be entitled to seek compensation to cover all costs, including removal, pain caused by the removal and emotional or physical trauma.

If you are unsure whether your implants are products of PIP, we're advising you to seek this information as soon as possible.

If you or someone you know is affected by the above information, get in touch with Vincent Shannon of Shannons Solicitors on 01-8401780 now and see how you can be compensated and given advice or e-mail vincent@shannons.ie for an immediate response.

Happy New Year- Notary Public Available in Swords, Co. Dublin

Hello and welcome back after what we're sure was a busy and eventful holiday season. Firstly, we would like to say Happy New Year to you all and best of luck for 2012. We're diving head first into the blog this month, compiling and presenting all the legal information you may need to ease any dealings you might be faced with this year. Just take a look at the tags to the right of this page to see if any of them apply to any concerns you could have.

As you may know, Vincent Shannon is a Notary Public and is available to sign documents at our offices at 29 Main Street, Swords, County Dublin, or by special arrangement at other locations.

A Notary Public is a public officer constituted by law to serve the public in non-contentious matters usually concerned with international business.

Empowered to administer oaths, a Notary Public can also attest signatures and authenticate documents. Vincent Shannon can also draft Affidavits for use in foreign countries and can prepare declarations and affirmations.Mercantile Law also features in the work of a Notary who can receive and make protests, and can issue notarial certificates in respect of documents.

A Notary also draws up Powers of Attorney and other legal documents for use in foreign countries.

If you need the help of a Notary Public then never hesitate to contact Vincent Shannon, who is happy to attend the offices of other solicitors to assist you. Just remember that each person who appears before a Notary must identify himself or herself with a Passport or Driving Licence and Shannons will help you with the rest.

Why not contact us on +353-1-840 1780 or email vincent@shannons.ie for an immediate response and advice.

Again, we'd like to take this opportunity to say Happy New Year and all the best for the coming year.