It's early days yet for this windfarm development in Lemanaghan but we are already dealing with enquiries from local landowners.

With this proposal and the company's continuing progress on its windfarms in Derrinlough and Cloncreen, Bord na Mona's investment in renewable energy has the potential to greatly benefit Offaly farm families and the communities in which they live, not to mention the dividends these multiple schemes might bring in terms of reducing Ireland's dependence on carbon-based fuels.

An important part of the process in any windfarm development is the option agreements that the renewable energy company must enter into with local landowners. These agreements have the potential to provide very welcome payments for farmers in the short term and, depending on what options are exercised, even greater returns thereafter, usually far in excess of agricultural values, for upwards of thirty years. At the same time, these agreements contain covenants and obligations that will bind not only the current landowners but also, potentially, the next generation. It is important, therefore, that farm families receive the very best possible legal advice from the most experienced practitioners in the area. Ken Enright has practiced in this field for over a decade and knows very well the benefits and potential pitfalls concerned with windfarm and solar option agreements and leases.

Farmers are welcome to make contact with Ken Enright on an individual or group basis.

From a legal and a practical point of view, the purchase of a new house - or the purchase of a house in the course of construction, or the purchase of a house "off the plans" - is very different from the purchase of a second-hand house.

The contract will involve the purchase of a site together with an agreement between the purchaser and the development company to build the house according to certain plans and specifications. Timelines, stamp duty issues, loan offers, payment arrangements and legal documentation usually tend to be a bit more complicated with new houses than those involved in the purchase of second-hand houses.

This blog post sets out some of the issues involved. It tells you some of the things you, as a purchaser, need to be aware of and about which your solicitor should be able to advise you. 

In a fatal injuries claim a court can award damages under three main headings
 
1. Financial loss or loss of financial dependency
 
2. Funeral and inquest expenses
 
3. Mental distress
 
Only one claim may be brought on behalf of all dependants.
 
Usually, if a spouse survives the deceased that spouse is the most suitable person to take the claim on behalf of all dependants.
 
The word “dependants” is defined in legislation as follows:
 
“a spouse, [civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] , parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, half-brother or half-sister of the deceased”
 
The definition in the statute covers a range of persons. Given that there can be only one claim it is necessary to ensure that each of the statutory dependants who wishes to be involved in the claim is given that opportunity.

On 6 March 2021, the Judicial Council approved the new Personal Injuries Guidelines which are intended to replace the Book of Quantum of 2016 when it comes to the assessment of compensation awards in personal injuries claims. See our recent blog post.

One of the most controversial aspects of the Book of Quantum was the level of awards it set for so-called whiplash or soft-tissue injuries.

The chart at the end of this post sets out in accessible format the guideline levels of whiplash compensation contained in both the soon-to-be-obsolete Book of Quantum and the Personal Injuries Guidelines, likely to be approved by cabinet shortly.

Judges have voted to adopt new guidelines regulating the size of personal injury awards.

The new guidelines, which will be welcomed by insurance companies, are likely to greatly reduce the amount of compensation awarded to those who have suffered injuries in road traffic and work accidents through no fault of their own. It remains to be seen if insurance companies will reduce their premiums as a result.

A number of High Court judges have expressed the fear that awards will now, in some cases, fall significantly short of what might be viewed as fair and reasonable. It is to be hoped that the courts will retain their independence and discretion when awarding general damages to ensure that people who have suffered injury as a result of the negligence of others  - in, for example, a road traffic accident caused by a dangerous driver or because of an employer's failure to implement proper safety procedures - will receive compensation that properly reflects the severity of their injuries.

Judicial Council members approved the guidelines by a majority vote - 83 in favour, 63 against - at a meeting today.

The Minister for Justice, Helen McEntee, will bring proposals to Cabinet on 9 March on how to implement the guidelines which will take effect when the Minister commences section 99 of the Judicial Council Act 2019.

The guidelines will replace the Book of Quantum which set general guidelines for the assessment of awards in personal injury claims.

The new guidelines are set out in the document below.

We are often asked about the so-called "7 year rule" in connection with planning permission.

Some people believe that the 7 year rule amounts to a kind of amnesty from the consequences of having carried out an unauthorised development. This belief is incorrect.  While the 7 year rule does provide a certain amount of comfort to a property owner or potential purchaser, an unauthorised development remains an unauthorised development unless and until retention permission is sought and granted. This unauthorised status carries with it certain difficulties which this article will explain.

If you have suffered a head or facial injury and you think you are entitled to compensation, we at Thomas W Enright Solicitors can submit an application for compensation on your behalf to the Personal Injuries Assessment Board, now known as the Injuries Board.

If the person or organisation you are claiming against agrees to the assessment of your claim, the Injuries Board will assess the amount of compensation due to you based on the report of your doctor and according to what is called the Book of Quantum.

We will guide you through the process from start to finish and deal on your behalf with the Injuries Board as well as your doctors and other professionals as might be required. We will explain the procedure to you and try to make it as simple and straightforward as possible. When your claim has been assessed we will provide you with advice in order to help you decide on whether or not to accept the compensation offered.

If you have suffered a head injury - which includes a concussion and a skull fracture - and no other part of the body is affected, the level of compensation you will receive will depend on the severity of the injury.

The level of compensation for an eye injury is determined on the basis of how the injury has affected one's sight and whether it involves one or both eyes. For the total loss of sight in one eye the guideline compensation figure is €138,000.

For loss of hearing, compensation is determined according to the formula in the so-called Green Book.

Compensation for dental injuries takes into account the number of teeth affected, whether they are permanent or milk teeth and whether they are lost or damaged.

For other head and facial injuries, severity is divided into the following broad ranges to reflect the degree of disruption to your lifestyle and the pain and permanency of your condition:

• Minor
• Moderate
• Moderately severe
• Severe and Permanent

1. Rates and Thresholds and dates for payment
 
Capital Acquisitions Tax will be charged a rate of 33% on the taxable value of the gift/inheritance. The taxable value is based on the market value of the assets transferred.
 
The person who receives the property (also called "the transferee" or, sometimes, "the beneficiary", "the successor" or "the disponee") is entitled to receive a certain value known as the “tax free threshold” free from CAT.  The threshold is based on the transferee’s relationship to the person who gives away the property or leaves it in their will (known as "the transferor" or "the disponer").
 
The current thresholds (post 12 October 2018) are set out here.