PROBATE Where Probate Can Encounter Problems
It is highly advisable to engage your solicitor to manage the administration of a Will. Your solicitor will ensure the process will proceed promptly and correctly. Most probates proceed without complications, but issues can arise and where they do, your solicitor’s experience is invaluable in dealing with these.
Common problems that can arise
a)The nominated Personal Representative does not want to take on the responsibility or is unable, perhaps through illness, to do so. In this case your solicitor will apply to the court for a Grant of Administration with Will Annexed, to have the residuary legatee under the Will to administer the Will. In effect to take the place of the personal representative. The ‘residuary legatee' of the Will is the person entitled to inherit the balance of the Will after all creditors and beneficiaries have been paid.
b)The Personal Representative breaches their duty or fails to perform their duties. The personal representative of an estate has a fiduciary duty to all of the beneficiaries. This means that they have a duty to preserve all the assets in the estate in good faith and must put the interests of the deceased and the beneficiaries ahead of their own. If the personal representative acts in their own self-interest or otherwise fails to fulfil their duties during the probate process, there are legal remedies available. Your solicitor will advise on these. The court can remove them, and someone else can be appointed to take care of assets and oversee the probate process.
c)A Will can be contested. This is commonly where a person believes the Will did not represent the true intentions of the deceased or where they allege the deceased was influenced by another person in making the Will. Some relatives might allege the deceased was not of sound mind when making the Will. This can only be resolved by a court and will delay the final administration of the Will.
d)Creditors contest the amount due. Your solicitor will assist the personal representative where it is felt any creditor is seeking more than is believed to be correct.
e)Failure to collect all documents relating to the Will including any post sent to the deceased. Failure to do this could result in the non-payment of a creditor or the preferential payment to others.
The appointment of your solicitor to manage the probate process is particularly important to ensure everything is done correctly. Where a Will is contested it can become complicated so the experience of a solicitor will save time and ensure no further costly issues arise.
A Shareholders' Agreement is a private, legally binding contract among a company’s shareholders, designed to regulate management, protect interests, and govern share transfers beyond the scope of the company constitution. In the event of future disputes among shareholders, reference will be made to the providing of this Agreement. Purpose The purpose of having a shareholder’s agreement is: a)It provides a formula to deal with any disputes among shareholders. b)It protects minority shareholders. c)It sets out how shares are sold, transferred, or purchased. This can enable existing shareholders to decide who can buy shares in the company. d)Voting rights can be set out. e)Matters dealing with the management of the company can be included. f)Selling shares: rules can be provided for g)Confidentiality. h)Composition of Board members. In start-up companies where there will likely be many shareholders coming in at different stages, a shareholder’s agreement is very important. The Risk of Not Having a Shareholders’ Agreement A dispute among shareholders can be disruptive to the operation of a business. Where is cannot be resolved internally. Reference can be made to the governing law, The Companies Act, 2014 but that invariable will involve the waring side to bring in solicitors, and it could end up in court, leaving for a judge to decide. That can involve great expense and a huge distraction to the running of the business. Minority shareholders might have little say in the running of the business and might feel isolated. It can be the case that some family run businesses do not see the need for this but as seen from some high-profile business families, when things go wrong, they can go horribly wrong without a shareholders agreement. Timing Ideally when a company is formed, a shareholders agreement should be put in place. When forming a company, a shareholder’s agreement is wise to include. Your solicitor will guide you on this.
The plaintiff worked as a dental assistant for the defendant from 2007 until the date of her accident on 20 June 2016. In the afternoon of the day of the accident, she was carrying out hoovering on a flight of stairs in the defendant’s clinic when she stepped on the hose of the vacuum cleaner, lost her balance, stumbled, fell, and caused an injury to her right ankle. The clinic was located in a building where patients enter through doors that are accessed by using external steps up to the entrance doors, which lead onto a return landing between a short flight of stairs leading up to the reception and treatment room, or leading down the stairs to the waiting room area in the basement The plaintiff produced to the court, photographs of the area where the accident happened. It was part of the plaintiff’s duties to carry our light domestic chores during quiet periods of the clinic. On the day of the accident, the plaintiff started hoovering at the bottom of the staircase, but she had to stop occasionally to check if the phone was ringing. Prior to her accident, she had stopped approximately six times to ascend the stairs to check the phone. On the last of these occasions, on descending stairs to return to the hoover, the arm of the hoover had moved which she did not notice causing her to trip and fall. The plaintiff continued to work but on leaving her colleague noticed her limping and the plaintiff explained what had happened. The plaintiff alleged that her work colleague told her not to complain to their employer as it would only make him annoyed. In evidence her work colleague hotly disputed this conversation. In cross examination, the plaintiff acknowledged that she knew exactly she had left the hoover on the staircase but stated that she was not aware that that the steel arm leading from the nozzle of the hoover, which had been resting against the banister, had fallen over while she had been upstairs checking the phone. She also stated that she had been blinded by strong sunlight coming in from the entrance doors which reached the staircase area. The plaintiff acknowledged that there was CCTV coverage of the area where the accident occurred and was aware that after one month the tape would be cleared. She denied that her solicitor’s claim letter was delayed to pass the one-month period. Questions were put to the plaintiff that several medical attendances made no mention of her stumbling and falling on a hose of a hoover at her place of work. The plaintiff claimed she had so informed the doctors at A&E. It was put to the plaintiff that in a note taken on 23 June 2016, it had been noted that the plaintiff had come for review and had twisted her ankle four days previously and was unable to bear weight on it, or to walk. There was no mention in that note of any hoover. It was put to her that in a further note dated 27 June 2016, the history recorded noted that she had twisted her ankle eight days previously, but again there was no reference to any hoover. The plaintiff stated that she could not explain the omission of those details. She stated that she had definitely told the medical personnel in A&E about the circumstances of the accident when she had first visited it. The plaintiff accepted that she had sent a text to the defendant which stated that she would not be returning to work, as she knew that she could not stand for any prolonged period. She accepted that when she saw Dr. Grant on 23 September 2016, it had been noted that she was “starting new job next week”. The plaintiff stated that that job would not have required her to be standing or walking for the entire day. The plaintiff called supporting evidence by an engineer which pointed out the unsuitability of the area for safe cleaning to be carried out. The defence called the work colleague of the plaintiff who mentioned the practise of cleaning the area during quiet spells. On being asked about what the plaintiff said when they were leaving work that day. The witness asked the plaintiff why the plaintiff was limping. She told the court that the plaintiff said it was from new shoes. She denied saying to the plaintiff not to mention the accident to the employer. The defendant told the court that the first time he was informed by the plaintiff of her injury allegedly caused by the hoover, was in a letter from the plaintiff’s solicitor in April 2018. He said the CCTV was long gone from their system. He accepted that when vacuum cleaning the lower flight of stairs, it was necessary for the plaintiff to stop the hoover from time to time and to check the phone. He denied that it was an unsafe place to work. Engineering evidence was given on behalf of the defendant who had carried out a joint inspection of the clinic with the plaintiff’s engineer. He had also carried out a subsequent inspection on his own on 20th November 2025, then he took a further set of photographs showing the upper flight of stairs and the view from the reception area looking down towards that flight of stairs. The engineer stated that in his opinion the system of work that had been in operation at the time of the accident was not an unsafe system. Decision On reviewing the evidence, the judge said that this was a very unfortunate accident – but that all it was, an accident. The judge did not accept that the workplace was unsafe. He said that under the Safety, Health, and Welfare at Work Act 2005, as amended, an employer is only required to take reasonable steps to prevent an accident that is foreseeable. Consequently, the judge found that there was no negligence on the part of the defendant as either the employer of the plaintiff, or as occupier of the premises, in relation to the circumstances of the accident as given in evidence by the plaintiff. The plaintiff case was dismissed. Sharon Walsh v Juniper Orthodontics Ltd High Court [2026] IEHC 99]
If you suffer injury, whether physical or emotional, from acts of medical negligence, it stands to reason that you can claim for both provided, of course, that you can prove the injuries sustained came about as a direct result of the alleged acts of negligence and the conditions are bonafide. Emotional or psychological distress is as valid a condition as its physical counterpart. Most people are familiar with anxiety, post-traumatic stress disorder, or depression. Sleep disturbance can be another sign of severe emotional distress. These stressful conditions can severely affect your ability to work, maintain relationships and functional normally in life‘s everyday aspects. Some of these symptoms can be temporary while others are long lasting. Can I claim for injuries that are only emotional or psychological following an act of medical negligence ? You can indeed, but you must show that: The injury was caused by the negligence or lack of due care on the part of a medical professional. The emotional injury or condition suffered has been diagnosed and signed off by a qualified medical professional such as a GP, psychiatrist or psychologist. For many years these claims, described as psychological trauma or emotional distress, have been accepted by the Injuries Resolution Board and the courts although, almost by definition, they are harder to establish than physical injuries. It is easy to see how an individual could suffer such emotional trauma or distress following a cancer misdiagnosis or perhaps where a hysterectomy is performed in error. Other claims, not quite as dramatic, can be more difficult to sustain. You will need a strong body of evidence to make a claim for emotional distress as it can be relatively easy to fabricate such a condition. Medical reports will be required particularly from experts along with receipts or invoices for therapy sessions, medication prescribed and the like. As with actual physical injuries, the Personal Injury Guidelines, introduced several years ago by the judges, provide a schedule of compensation payments based on the severity and longevity of the emotional injuries from minor anxiety to severe PTSD and depression. A word of warning. Emotional or psychological injury claims can prove very challenging to establish more than those involving just physical harm. The defendants or their insurance company often tend to minimise or question the seriousness of the emotional trauma suffered by a plaintiff and it may take additional medical expert opinions to establish for certain that your claim for emotional distress is indeed a valid one. There are also timeless involved in bringing these cases so the earlier you engage with your Solicitor the stronger your case will be.
If a person or organisation makes an untrue comment or statement about another person, that person can sue for defamation. In say a work situation where you believed that a colleague did some act or omission that was not permitted regarding their work which might harm the business in some way and you felt obliged to report this to the employer, this would be a privileged statement. In doing so the protection only applies if you honestly believed that the statement you made is true. But if you later discover that you were wrong, and refuse to withdraw or correct your statement, you lose the protection of privilege. Honest Opinion To establish honesty as a defence, there is a heavy onus on the person making the statement to show: The statement was based on facts. The statement was of public interest and made without malice where the party making the statement believed the facts to be true. An example could be where a broadcaster is sued over a statement made on air, the broadcaster must establish that they believed that the statement made was honestly held. Generally, defamatory statements made about a person’s private life would not be a matter of public interest. It could though be harder for persons who have a highly visible public life, like entertainers, who frequently reveal aspects about their private life, to rely on the argument that a defamatory statement about them was not in the public interest and was therefore actionable. Fair & Reasonable Publication A statement made in good faith and about something that is in the public interest may not be defamatory. A court will consider: The seriousness of the allegations If the statement made it clear that that it was about suspicions or allegations, rather than facts. If there were exceptional circumstances that made it necessary to publish the statement If the person who was the subject of the statement was given the opportunity to give their side of events The onus of proof in any of these defences falls upon the defendant who makes the statement. Innocent Publication Innocent publication may apply where a person is not responsible for the statement or the publication of the statement but contributed to distributing the statement in some way. This defence is frequently used by social media companies for defamatory posts made on their platforms. An Apology A swift apology is a good type of defence. It does not wipe away the defamatory statement but will reduce the damages awarded or it might prevent legal proceedings being issued. Offer of Amends The maker of a defamatory statement may make an “offer of amends” in writing to the person who is alleged to have been defamed. That offer of amends will include an offer to make a suitable correction and a sufficient apology. The correction and apology will be published in an appropriate place. The offer of amends may also include an offer to pay compensation or damages. If an appropriate offer of amends is not accepted, that refusal can be used in some cases as a defence to any later legal proceedings. Correction Order A court may issue a correction order, which orders the person who made the statement to publish a correction of the defamatory statement . Injunction The Court can issue an order that prohibits the publication of a defamatory statement. Note though that injunction proceedings are expensive so discuss this with your solicitor before rushing ahead with this relief. Damages A court will consider a number of factors after the defamation has been proven. The court will consider the seriousness of the damage caused by the defamatory statement and what impact it has had on the standing or reputation of the person defamed. In all cases consult your solicitor if you believe you have been defamed.
A case came before the Circuit Court to approve a settlement awarded by the Personal Injuries Assessment Board where a father and his three children were stuck in a toilet at Dublin Airport while their plane was being called for boarding. The mother of the three children, who were aged nine, five and two was outside the locked toilet door trying to console the children. The family were booked on a flight to Spain on a family holiday. Their mother who was outside the toilet was trying to have the flight delayed so not to miss the holiday flight and at the same time to console her distressed children. After two failed attempts by maintenance staff to open the door, the children became more upset. Airport staff had been made aware of their emergency by pulling the emergency cord in the toilet which was the room for adult and child facilities. When firefighters arrived after 50 minutes, the family were told to stand away from the door as they were breaking their way in. The judge acknowledged that the whole experience was very stressful for the young children. The problem with the door was that the inside handle of the door had come off when the family tried to exit. Fortunately, the family eventually made their flight, but their holiday had been marred by their experience at the airport. The PIAB assessed the distress at €21,000 being €7,000 for each child and the judge deemed that as appropriate. Owen Nolan (Best Friend of Ailbhe, Hugh, and Max Nolan) v Dublin Airport Authority Circuit Court (Judge O’Donohue ) 13 February 2026
Medical negligence cases can be particularly lengthy and complex and therefore more expensive than other personal injury cases. Construction disputes are often settled by mediation as are landlord and Tenant disputes. So, could mediation be employed in medical negligence cases? It could and indeed has been for some time. What is mediation all about? It is a voluntary process where a mediator, totally independent of both parties, assists the parties in dispute, typically a patient and hospital, to come to an agreed solution in settling the patient’s claim for compensation against the hospital. In mediation, both parties are involved in any final decision, whereas in a court setting, it is decided by the judge alone. It is a more informal process and preserves the privacy of the parties which usually means it is much less expensive than court actions. We go into some further detail on these savings below. Okay but how does it work in practice? If the parties opt for mediation, they must first agree on a mediator who is usually a lawyer or Medic experienced in this area. After hearing arguments from both sides, presented by their legal representatives, the mediator’s job is to assist the parties in coming to a settlement which often involves compromise. The outcome could be a final payment with or without an apology or another award reflecting the particular circumstances of the plaintiff. What are the chief benefits of mediation in such medical negligence cases? Privacy. Unlike hearings in open court, where reporters may be present, all mediation cases are held in private and any settlement agreed will be fully confidential between the parties. It is easy so to see why hospitals might prefer private mediation as opposed to a full hearing in court even where they might admit that a compensation payment is likely. Savings both on cost and time. In any medical negligence court case, there are numerous appearances before the court seeking adjournments, discovery, costs or other applications. In fact, it can take a full year to come to court after you apply for the case to be set down for hearing. Mediation takes place over a far shorter time period, thereby reducing costs but a similar outcome in compensation can be achieved. Informality and flexibility. There are no wigs and gowns in a mediation process. In addition, the parties could agree on special arrangements such as perhaps additional cost-free medical treatment for the plaintiff. What did that Mediation Act 2017 do? It brought the mediation process into the forefront of litigation by encouraging solicitors to use it as an alternative to court hearings so that the stress, time and costs involved could be reduced. The Act in fact compelled solicitors to inform their clients about the option to mediate and its benefit before they even start to issue court proceeding. The Act also underlines the confidentiality of mediation. Finally, the act confirms that any agreement reached is to be legally binding with consequences if one party breaches the terms of the settlement. Can mediation be a DIY process or do I still need a solicitor? You should always engage a solicitor. Mediation is less stressful than the adversarial setting of a court, but it needs careful preparation and informed decision-making during the process. Your solicitor will assist you in all the steps involved making sure that your rights are fully protected and that you conclude the mediation with the best possible settlement.
While the subject matter of the case involved a personal injury which the plaintiff incurred when being pushed from behind while descending a staircase in the defendant’s school, the application before the court was to dismiss the case on account of prolonged delay by the plaintiff in pursuing the case. Because of the delay, the defendant had previously sought to have the case dismissed. This case was Neiser v. Leinster Senior College, unreported, High Court, Phelan J., 29 June 2023. Mr Justice Phelan dismissed the motion to dismiss the case relying on the decision in Primor plc v. Stokes Kennedy Crowley [1996] 2 I.R. 459. He cited from that judgment which said in part: ‘I refuse to make an order dismissing the plaintiff’s proceedings on grounds of inordinate and inexcusable delay being satisfied that this delay has not so prejudiced the defendant as to tip the balance of justice against allowing the case to proceed.’ Phelan J expressly stated that there was an “imperative” for steps to be taken, without any further delay, to secure a hearing date for these proceedings. As of the date of the judgment, the only procedural step remaining to be completed in order to obtain a hearing date was to make an application to the judge in charge of the Personal Injuries List. Nothing else was outstanding. The pleadings were long since closed and the discovery process completed. However, the plaintiff’s side failed to apply for a date, despite numerous requests that they do so. The plaintiff’s solicitors filed to come off record, but this was not followed through and the plaintiff's solicitor admitted that there was delay by his firm in processing the case which was not the plaintiff’s fault. The solicitor acknowledged that the plaintiff had been given a “clear warning” by the court that there should be no further delay in obtaining a hearing date and that the plaintiff and her solicitors have not complied with that warning. The principles governing applications to dismiss proceedings on the grounds of delay have recently been restated by the Supreme Court in Kirwan v. Connors [2025] IESC 21. The following points are of especial relevance to the circumstances of the present proceedings. First, the law should recognise the fact that passage of time is important in and of itself, and can justify dismissal of a claim, without more justification. Second, there is no mutual obligation in litigation requiring defendants to take positive steps to advance a case brought against them. Defendant inactivity is not normally a bar to dismissal. Third, rules on dismissal of claims for want of prosecution are not themselves an impermissible interference with the right of access to courts to litigate claims and there is no presumption against dismissal. Fourth, if a court does not dismiss the claim, it would be entitled to make strict case management directions on the basis that non-compliance with such directions would itself justify dismissal. In the current application to dismiss the proceedings, Simons J observed that the judgment of Phelan J of 29 June 2023 was that the refusal of the application was contingent on steps being taken without any further delay to secure a hearing date for the proceedings. These steps had not been taken. In seeking to dismiss the motion to terminate the action because of inordinate delay, counsel for the plaintiff submitted nevertheless that there were exceptional circumstances which justified further indulgence. First, it was said that the plaintiff is unemployed and suffers financial hardship. Second, it was said that the plaintiff suffers from depression and ill-health caused by the alleged incident. This, it was said, has led to difficulties in obtaining instructions from the plaintiff. Simons J rejected all three grounds and said: ‘The plaintiff has failed to establish that there are any exceptional circumstances which might justify the delay from June 2023 in having a hearing date fixed. As explained in Kirwan v. Connors (per O’Donnell C.J.) a court, in deciding not to dismiss a claim, is entitled to make strict case management directions on the basis that non-compliance with such directions would itself justify dismissal. Here, the High Court, in its judgment of 29 June 2023, made it plain that steps were to be taken “without any further delay” to secure a hearing date for the proceedings. This imperative has not been complied with and there is no justification for this non-compliance. It follows, therefore, that the proceedings must be dismissed by reason of delay.’ The application to dismiss the personal injury proceedings because of delay was granted. Neiser v Leinster Senior College Ltd and Idemudia Akpekpe (third party) High Court (Simons J) [2026] IEHC 15
The law governing this comes under the Assisted Decision-Making (Capacity) Act, 2023 How Does It Work? It was created to assist adults who, due to illness or other disability, lack the capacity to make decisions for themselves. The legislation offers a three-tiered structure depending on the person’s level of capacity, namely: Decision-Making Assistance Co-Decision-Maker Decision-Making Representative (DMR) Further, there are two other mechanisms, namely: Advance Healthcare Directives and Enduring Powers of Attorney (EPA)—allow individuals to set out their preferences in anticipation of future incapacity. The Abolition of Wardship For people who do not fit into the new system there is a gap caused by the abolition of the wardship system. This has resorted in healthcare professions having to apply to the High Court to protect those who are most vulnerable. The kind of orders sought in the High Court can vary; examples are: Anorexia On life-support Requiring urgent surgical intervention Discharge from adults in wardship Review and discharge applications can be made by: The ward The wards committee, and Another with leave of the court Rules of the Superior Courts provide that the High Court must carry out a review and discharge every adult from Wardship by 26 April 2026 . There is currently no provision in the Act for: Extension of the April 2026 deadline The consequences if the court cannot review and discharge all wards by April 2026 The position of wards who have not been reviewed or discharged by the deadline. The Wards of Court Office has highlighted several reasons why there have been so few discharge applications, which include: Hesitancy to change to an unfamiliar arrangement. Uncertainty surrounding the proposed new management of wards' funds. Costs of the discharge process Intricacies of the discharge process Content with the Wards of Court service already provided. Enduring Powers of Attorney Enduring Powers of Attorney is also in the legislation. But there are practical issues around their creation, execution, and notification requirements which have raised concerns among legal practitioners and affected individuals. Talk to your solicitor if you have a family member that might need one of these options. They will guide you on which route to take.
The plaintiff had bought some land that was adjacent to the defendant. There was a laneway leading to his land and the defendant was not happy with the use of it by the plaintiff. On the day of the incident, the plaintiff was driving up the laneway but was obstructed by the defendant and his son. The plaintiff tried to go past them, but they blocked him. He said the defendant threatened and verbally abused him and demanded that the plaintiff get off the laneway. The plaintiff explained to the court that the situation became extremely volatile. The defendant did not appear at the hearing. Previously he was charged and convicted, on a guilty plea, for the firearm offences of possession of a firearm without a certificate and assault causing harm for which he received a three-year suspended sentence. The plaintiff said in evidence that the defendant fired several shots from a shotgun at him. The pellets smashed the windows of the digger. He was hit by several of the pellets. One lodged in his eye, and he subsequently lost consciousness. He said the experience terrified him and he was in fear for both his own life and that of a friend who was travelling a short distance behind him. In total 14 pellets were embedded in his face. The result of the incident caused the plaintiff to lose interest in his farming work, become withdrawn and isolated. Fortunately, he obtained medical assistance and after two years was much improved. The court award the plaintiff a total of €128,000 which included €30,000 for exemplary and aggravated damages. Sweeney v Friel High Court [2025] IEHC 716
What is a Compulsory Purchase Order (CPO)? A CPO is a legal order which allows certain statutory bodies, such as local authorities, which need to acquire land or property for large projects (e.g. road widening or Luas schemes) to do so without the consent of the owner where a compelling case in the public interest can be demonstrated. Compulsory purchase powers enable a local authority to acquire land, property, and other interests compulsorily to carry out their public function. What is the Purpose of a Compulsory Purchase and owner Compensation? The compulsory acquisition of land takes place in Ireland to allow a public infrastructure project, perhaps to support new housing, to go ahead for the common good. The principle of compulsory purchase compensation is to seek to place the affected party, in so far as money can, in no better or worse position than they were prior to the compulsory purchase. What are the Steps of a CPO Process? A statutory body decides to make a CPO. Affected parties will be served with a notice stating that the Order is about to be put on public display and submitted to An Coimisiun Pleanála for confirmation. Newspaper notices will be published. Objections/submissions can be made to An Coimisium Pleanála, and this may result in an Oral Hearing at which affected parties can formally put their views forward. An Coimisium Pleanála either confirms, amends or rejects CPO order and publishes details of the decisions in this regard. After expiry of objection period, the CPO is operative. Local Authority serves Notice to Treat on the affected parties and discussions commence regarding the level of compensation available. The affected party lodges a claim for compensation. This can be made by the claimants’ valuer. On reaching agreement, compensation is paid, otherwise the matter may be referred by either party to the Property Arbitrator to assess compensation. Acquisition is finalised, compensation paid. How do I know when a CPO application has been made affecting my property? If your property or portion of it is to be the subject of a CPO, you will receive a letter notifying you that an application has been made and of the timeframe available to you to make submissions (representations) to the relevant planning authority. Can I object to the making of a CPO? You certainly can. Once a CPO application is made to the relevant planning authority there is a statutory consultation process during which time submissions and objections to the CPO can be made to the local authority. In most instances for large infrastructure projects, the decision-making authority is An Coimisium Pleanála. What is a Notice to Treat? The Notice to Treat is a formal request served by the local authority to agree a price for the portion of land or property identified for CPO. It states that the acquiring authority is willing to treat or make an offer to purchase the owner, lessee and occupiers' interest in the land and invites affected parties to submit details of their claim. The Notice to Treat is not considered a binding contract and does not in itself have the effect of passing any interest or estate in land to the acquiring authority. The transfer of legal interest(s) in lands occurs at a later stage when your solicitor completes the title transfer to the local authority. The original Notice to Treat must be served on the named person. A copy can be sent to a representative where requested. What is a Notice of Entry? A Notice of Entry is a formal legal notice which is served by the local authority either at the same time or following the service of a Notice to Treat and gives the acquiring authority power to enter on and take possession of the relevant lands to be acquired. This may occur before compensation is agreed and before money has been paid. The affected party/interest is given a minimum of 14 days’ prior notice and typically access is arranged between your solicitor and the other parties by agreement. How can I prepare a Compensation Claim? Upon receipt of a Notice to Treat, a claimant’s legal duty to engage starts. The claimant may wish to obtain independent professional advice and representation in preparing and negotiating a claim for compensation. The cost of such services is part of a normal claim for compensation and is typically made up as follows: Solicitor’s costs for conveyancing and advice on the CPO process. Valuer’s / Agronomists fees to cover negotiations on compensation. Other professional fees associated with the CPO. Who can I contact to Prepare my Claim? There are several professional representative bodies where some of their members practice in the area of compulsory purchase and compensation. These include the Society of Chartered Surveyors Ireland (SCSI); Institute of Professional Auctioneers & Valuers (IPAV); Royal Institution of Chartered Surveyors (RICS); Agricultural; Consultants Association (ACA); and the Law Society. How is the Compensation Assessed? Where the entitlement to statutory compensation exists, each case is assessed on its own merits. The usual rule is that you are compensated for the value of the lands taken by the local authority along with any loss of value in the lands retained caused by the CPO. How do Negotiations Happen? When the compensation claim has been submitted, it is normal for negotiations to take place between the valuers appointed to act on behalf of the local authority and the owners’ valuer. During those Negotiations, an agreement on compensation can be reached with an extensive list of accommodation works i.e. fencing, walls, water supply, drainage, relocation of septic tank, double glazing etc. Sometimes a monetary contribution can be agreed in lieu of the provision of those works items. Otherwise, the accommodation works will generally be completed prior to or during the main construction contract. Yes, but what if Compensation Is not Agreed? Where it is not possible for the claimant and the local authority to reach agreement on the compensation payable, the law provides for an independent arbitration process whereby an arbitrator, after hearing the evidence from the respective parties determines the amount payable. The decision of an arbitrator is binding on both parties. Either the owner or the local authority can apply for the appointment of a property arbitrator. When do I receive my Compensation? Once the negotiations process is complete and a proposed settlement is reached between the parties, or following an Award from the property arbitrator, the matter is referred to each side’s respective legal representatives to undertake the conveyancing (transfer of ownership) process and then the compensation is paid. It is important that your solicitor ensures that your legal title documentation is in order as only good and marketable title is acceptable to the local authority. Difficulties in payment of compensation may arise if clear title or ownership details cannot be confirmed by your solicitor. The CPO process can be long and somewhat complex. It is in your own interests to engage with your solicitor and valuer at the earliest possible stage to ensure the best outcome for you as an owner.
