It is estimated that 1,500 women unknowingly and without consent underwent symphysiotomies during childbirth between 1944 and 1992. Survivors were left with severe lifelong after effects, including extreme pain, impaired mobility, incontinence and depression.

Olivia Kearney was awarded €450,000 by the High Court a couple of weeks ago. Essentially, her compliant was that at the time of the birth of her first child, in 1969, she was subjected to a symphysiotomy, after her child had been delivered by caesarean section. A symphysiotomy is a surgical procedure in which the cartilage of the pubic symphysis is divided to widen the pelvis allowing childbirth where there is a mechanical problem. Ms. Kearney did not issue proceedings until 2004 and by that time the surgeon, anaesthetist, radiologist and senior house officer had died. Therefore, the hospital representative sought the trial of a preliminary issue as to whether Ms Kearney should be stopped from bringing the claim where the hospital was allegedly severely prejudiced by the inordinate and inexcusable delay in the issuance of proceedings and whether the proceedings were statute barred.

Robert Pierse, in the introduction to the section on motor insurance in his book “Road Traffic Law” quotes David Yates, writing about insurance in the Sunday Times:- “an insurance policy is like old underwear.  The gaps in its cover are only shown by accident”.

To avoid the serious and often expensive consequences of discovering, after an accident, that you are not fully or properly insured it is no harm to look at some aspects of the Law relating to motor insurance in Ireland.

In a recent article in this series we focused on the provisions of the Water Services (Amendment) Bill 2011. As you will recall the Bill was published on the 3^rd November 2011 and set out the changes proposed to be introduced with regard to the registration of in particular, septic tanks, in this country.

As Seller or Vendor you will first have to decide on how you wish to market your property. You may decide to engage an auctioneer or you may decide to advertise yourself through the local or national press or on-line. Almost everybody employs an auctioneer. Self sales are very uncommon in Ireland. Your auctioneer will advise on how the property should be advertised.

Once you have taken the decision to sell you should consult your Solicitors and instruct them to obtain your title deeds and have them ready for the sale . You should seek advise on any Planning, Family Law, Taxation or other issues that may arise. Your Solicitor can put suitable conditions in the contract to deal with your particular circumstances. If there are buildings on the property you must provide a Building Energy Rating Certificate to the Purchaser. If you have a septic tank you will have to be able to show that it has been registered with the Local Authority. For the sale your Solicitor will require your PPS number, a copy of your State Marriage Certificate (if applicable) and if you are a new client, photographic identification and utility bills showing your address to comply with money laundering legislation.

In a previous article one of my colleagues discussed the options proposed under the recently published Personal Insolvency Legislation. This was the proposal for the Debt Relief Certificate for unsecured debt under €20,000.  There are two other relevant options for both secured and unsecured debt in this proposed legislation.

Have you ever wondered what your obligations as a dog owner are?

I think it is fair to assume that most dog owners are aware of their obligation to have a dog licence.  This obligation is provided for in the Control of Dogs Act, 1986, as amended. It applies to all pups over 4 months old and to younger pups where they have left their mother. A person must be over 16 to get a dog licence and they can be purchased from the post office or a local Authority.  An 'individual' dog licence can be purchased in the post office for €20.  It applies to one dog and must be renewed every 12 months.  A 'general' or 'lifetime' licence can be obtained from the local authority.  A 'general' licence is specific to the owner of dog kennels as it allows you have an unspecified number of dogs at a designated premises. It costs €400 and lasts for 12 months at a time. A 'lifetime' licence is a new type of licence introduced since the 1st January, 2012 and is a once-off licence purchased for the lifetime of a specific dog and costs €140.  It is an offence not to have a dog licence for which dog wardens can issue an on the spot fine of €32.  If this is unpaid a person can be prosecuted by the local authority in the District Court where the penalties are a fine of up to €1269.74 and/or 3 months imprisonment.

The short answer to the question posed in the title is it would be very difficult for a person to get debt relief unless they can comply with extremely strict criteria that is set out in the new Personal Insolvency Bill.  The reason for the strict criteria is that the Act, when passed, will have to balance the constitutional property right of the creditor, to a debtor’s relief from the burden of a debt.

Directors owe a number of statutory and fiduciary duties to the company. However, once a company is insolvent, the interests of creditors intrude and directors owe a duty to act in good faith, and show skill, care and diligence to all creditors. Desperate economic conditions have led to an influx of insolvent companies undergoing liquidation proceedings. Once the formal insolvency procedure begins, directors can be exposed to significant personal liability if they acted dishonestly or irresponsibly in the course of their duties.

It has long been said that “a man’s home is his Castle” implying that he may be justified in the use of force within his own home to protect himself, his family or his property.  Our constitution, the bedrock of our legal system, recognises the special constitutional status of a person’s dwelling, stating, at Article 40.5, “the dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with Law”.

However, the lengths to which a home owner may go, in defence of his property, and the legal consequences for him has caused confusion, uncertainty and generated considerable public debate – most people having strong views on their right to safeguard their homes, some adopting curious measures such as an elderly barrister I know who keeps a nine-iron golf club by his bed in the fond hope that it will see off all comers! Or the elderly, somewhat eccentric, neighbour near our home in Galway who had a large sign fastened to the entrance gates to her property stating “this house is protected by shotgun four nights a week – you guess which nights”!