Our Services.
Maguire Bardon Solicitors provide sound, professional and prompt legal advice.
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Our Services
Acting for both business and private clients in a comprehensive range of areas.
Family Law
Family Law
Family law is the most sensitive and stressful areas of Law. We do our best, at all times, to reduce the stress. It is different from other areas of law, because of the very strong emotions involved. These emotions inevitability impact on the decision-making process of the parties. Often the financial settlement is the easiest aspect of the break-up to resolve. When marriage first breaks down many couples informally separate and live apart. Marital breakdown affects all areas of a person’s life, and most people go on to regulate matters between them in a formal legal way.
We offer family law services in District Court and Circuit Court such as:
We offer family law services in District Court and Circuit Court such as:
- Separation Agreements- made on the agreement of the parties.
- Judicial Separation-granted by Order of the Courts. If parties are unable to agree the terms of Separation, then the dispute is referred to a Judge of the Circuit Court; the parties give details of their dispute to the Court and the Judge then decides what are to be the Terms of the Separation, which are then written into the Decree of Judicial Separation.
- Divorce
- Custody, Access, Guardianship
- Maintenance -spousal and child maintenance
- Domestic Violence Applications- Protection Order, Safety Order and Barring Order
- Advice for Co-Habiting and same- sex partners
Commercial Property
Commercial Property
Our commercial practice is headed by our Partner, Patrick Bardon who has experience in a wide range of complex commercial property transactions.
We offer top quality guidance and advice to developers, government bodies, companies and private investors in the following areas:
We offer top quality guidance and advice to developers, government bodies, companies and private investors in the following areas:
- Acquisition and Disposal of Commercial property
- Property Development and Investment
- Retail and Mixed-use schemes
- Financing arrangements
- Landlord and Tenant Law
- Long term and short term commercial leases
- Tax and Pension Driven property investments
- Joint ventures and property co-ownerships
- Environmental Issues
- Financing
- Construction and Development
- Planning
- Retail and Leisure
- Licensing
Residential Conveyancing
RESIDENTIAL conveyancing
Our commercial practice is headed by our Partner, Patrick Bardon who has experience in a wide range of complex commercial property transactions.
We offer top quality guidance and advice to developers, government bodies, companies and private investors in the following areas:
We offer top quality guidance and advice to developers, government bodies, companies and private investors in the following areas:
- Acquisition and Disposal of Commercial property
- Property Development and Investment
- Retail and Mixed-use schemes
- Financing arrangements
- Landlord and Tenant Law
- Long term and short term commercial leases
- Tax and Pension Driven property investments
- Joint ventures and property co-ownerships
- Environmental Issues
- Financing
- Construction and Development
- Planning
- Retail and Leisure
- Licensing
wills
Wills
We will take your instructions for making a valid will by obtaining testator details including assets, family, how you wish to distribute the estate upon death, who you wish to appoint as executors. We will advise you on the inheritance taxation implications of the bequests for the beneficiaries. At Maguire Bardon Solicitors, we know the importance of proper planning for the future and the need to make provision for your next-of-kin and therefore, it is our priority to give comprehensive guidance to you.
We advise on:
We advise on:
- Drafting and executing Wills
- Creating Trusts
- Administering Trusts
- Providing Capital Acquisition Tax advice
Probate & Administration of estates
Probate and Administration Of estates
When a person dies, their affairs must be put in order. Their assets must be ascertained and gathered in, their debts paid and the net assets then distributed to the people entitled to them by law.
Where there is a will, the deceased person will have specified what is to be done with his or her assets and the people that are to benefit. Where there is no will, the law provides that the assets are to pass according to the laws of Intestacy.
The person who administers the estate is called the Personal Representative, which is an Executor if there is a Will and an Administrator if there is no Will.
The Personal Representative (whether Executor or Administrator) is the person who has the authority to deal with the deceased persons assets. Usually, the Personal Representative will have to take out a Grant of Probate (where there is a will) or a Grant of Administration (where there is no will) to access and deal with the deceased persons assets- their house, their other property, their bank accounts, investments, shares etc. The Grant of Probate /Grant of Administration is a document which issues from the Probate Office after various documents and proofs have been filed with that office.
Acting as a Personal Representative is a very responsible position and it is important you understand your duties and functions. Some estates are very straight forward but some can be quite complex. There can be difficulties with establishing if there was a will and whether the will is valid. There can be problems establishing the extent of the deceased persons assets and additional formalities can arise if some of the assets are located abroad. There can be problems locating and tracing beneficiaries or even determining who the rightful beneficiaries are. There can be disputes between beneficiaries, disputes regarding assets, disputes regarding debts. There can be very significant taxation issues.
It can be extremely difficult to focus on the legalities and formalities when the family is still grieving. It can be difficult to be objective when family disputes arise. We are experienced in navigating difficulties arising from disputes and feuds within extended families. Knowledge is essential as is a logical, organised and practical approach to the issues which must be addressed in order to successfully administer an estate.
At Maguire Bardon Solicitors, we will guide you through the process in a sensitive manner. We will explain what is involved, the sequence of events from when we first meet with you through to finalisation of the estate and the issues likely to arise in your particular situation. We will estimate the costs involved and will answer your questions.
We advise on:
Where there is a will, the deceased person will have specified what is to be done with his or her assets and the people that are to benefit. Where there is no will, the law provides that the assets are to pass according to the laws of Intestacy.
The person who administers the estate is called the Personal Representative, which is an Executor if there is a Will and an Administrator if there is no Will.
The Personal Representative (whether Executor or Administrator) is the person who has the authority to deal with the deceased persons assets. Usually, the Personal Representative will have to take out a Grant of Probate (where there is a will) or a Grant of Administration (where there is no will) to access and deal with the deceased persons assets- their house, their other property, their bank accounts, investments, shares etc. The Grant of Probate /Grant of Administration is a document which issues from the Probate Office after various documents and proofs have been filed with that office.
Acting as a Personal Representative is a very responsible position and it is important you understand your duties and functions. Some estates are very straight forward but some can be quite complex. There can be difficulties with establishing if there was a will and whether the will is valid. There can be problems establishing the extent of the deceased persons assets and additional formalities can arise if some of the assets are located abroad. There can be problems locating and tracing beneficiaries or even determining who the rightful beneficiaries are. There can be disputes between beneficiaries, disputes regarding assets, disputes regarding debts. There can be very significant taxation issues.
It can be extremely difficult to focus on the legalities and formalities when the family is still grieving. It can be difficult to be objective when family disputes arise. We are experienced in navigating difficulties arising from disputes and feuds within extended families. Knowledge is essential as is a logical, organised and practical approach to the issues which must be addressed in order to successfully administer an estate.
At Maguire Bardon Solicitors, we will guide you through the process in a sensitive manner. We will explain what is involved, the sequence of events from when we first meet with you through to finalisation of the estate and the issues likely to arise in your particular situation. We will estimate the costs involved and will answer your questions.
We advise on:
- Applications for Grant of Probate/Grant of Administration
- Duties and powers of the Personal Representative
- Entitlements of beneficiaries
- Legal Right Shares of Spouses
- Section 117 Claims of children
- Entitlements of non-marital children
- Joint Properties/Joint accounts
- Inheritance tax
- Contesting a Will
- How to deal with Foreign assets
- Insolvent Estates
Care Representatives
Care Representatives
A Care Representative is appointed when an individual is suffering from mental or physical incapacity. It is often a family member or relative who will apply to be a Care Representative and they must apply to the Court with two medical reports confirming the individual’s incapacity. The remaining family members will need to be notified, in writing, of the application.
It is relevant in cases where the Nursing Home Support scheme (Fair Deal Scheme) is being applied for. Once the Court appointment has been granted, the Care Representative will have authority to consent to a nursing home loan in respect of the 5% contribution per annum to cost of care on the property/land.
At Maguire Bardon Solicitors, we will guide you through the procedure involved in completing the forms, complying with requirements and attending at Court.
It is relevant in cases where the Nursing Home Support scheme (Fair Deal Scheme) is being applied for. Once the Court appointment has been granted, the Care Representative will have authority to consent to a nursing home loan in respect of the 5% contribution per annum to cost of care on the property/land.
At Maguire Bardon Solicitors, we will guide you through the procedure involved in completing the forms, complying with requirements and attending at Court.
PERSONAL INJURY AND ACCIDENTS
PERSONAL INJURY & ACCIDENTS
Accidents happen -an unfortunate fact of life. The consequences of some accidents result in injury, property damage, financial loss including loss of earnings, inconvenience, and stress.
When the accident was not your fault, you need things sorted out as quickly as possible. Where the accident results in personal injury, the trauma is even greater- you may be in pain and have doctor and hospital appointments. Naturally, you are worried about your prognosis, about getting back to work and consequently, the financial impact of all of this on you. We understand these difficulties. Our job is to see if the losses you incurred can be recovered from the person or persons who caused the accident.
We will help you work out your losses and pursue the person or persons responsible. We will deal with the Insurance Companies, process your claim through the Injuries Board and pursue the matter further to settlement negotiations or before the Court, as necessary.
We believe in straight talking-if we feel you are unlikely to succeed or that there are serious issues of concern, we will tell you.
You are assured of our professional expertise and our uncompromising commitment to achieve the very best result on your behalf. We have successfully represented clients in both the Circuit Court and High Court across a broad range of accidents:-
When the accident was not your fault, you need things sorted out as quickly as possible. Where the accident results in personal injury, the trauma is even greater- you may be in pain and have doctor and hospital appointments. Naturally, you are worried about your prognosis, about getting back to work and consequently, the financial impact of all of this on you. We understand these difficulties. Our job is to see if the losses you incurred can be recovered from the person or persons who caused the accident.
We will help you work out your losses and pursue the person or persons responsible. We will deal with the Insurance Companies, process your claim through the Injuries Board and pursue the matter further to settlement negotiations or before the Court, as necessary.
We believe in straight talking-if we feel you are unlikely to succeed or that there are serious issues of concern, we will tell you.
You are assured of our professional expertise and our uncompromising commitment to achieve the very best result on your behalf. We have successfully represented clients in both the Circuit Court and High Court across a broad range of accidents:-
- Road Traffic Collisions
- Work Place Injuries including bullying and harassment
- Injuries suffered in a Public Place
- Injury by Defective Products e.g. DePuy Orthopaedics Implant recall
- Injuries involving minors/a child
- Fatal Injury Claims
MEDICAL NEGLIGENCE
MEDICAL NEGLIGENCE
If you have suffered harm due to a delayed or misdiagnosis while under medical care, you should call us to obtain expert legal advice. This area of practice is headed by John McCabe, who specialises in this area of law. John has several years’ experience in a medical negligence and personal injury law firm.
One of the first steps you will need to take is to call us for a consultation. Then it will be necessary to obtain your medical and radiology records from the hospital or care facility you were treated under Freedom of Information or Data Protection Acts. To further progress the matter and before issuing High Court proceedings, it will usually be necessary to then furnish your medical records to an expert in the United Kingdom to obtain an independent report on liability and causation - that is to say who is liable for the harm suffered and is that harm or injury 'on the balance of probabilities' caused by the negligence act of the doctor or hospital that treated you.
We assist clients in the following areas:
One of the first steps you will need to take is to call us for a consultation. Then it will be necessary to obtain your medical and radiology records from the hospital or care facility you were treated under Freedom of Information or Data Protection Acts. To further progress the matter and before issuing High Court proceedings, it will usually be necessary to then furnish your medical records to an expert in the United Kingdom to obtain an independent report on liability and causation - that is to say who is liable for the harm suffered and is that harm or injury 'on the balance of probabilities' caused by the negligence act of the doctor or hospital that treated you.
We assist clients in the following areas:
- Cancer Misdiagnosis
- DePuy hip implant recall
- Orthopaedic injuries
- Pharmaceutical/dispensing of medication negligence
- Cosmetic/plastic surgery errors
- Injuries at Birth
- Joint replacement
- Vaginal Mesh Surgery
- Brain Injury
- Obstetrics and Gynaecology
- Dental complaints
MENTAL HEALTH LAW
MENTAL HEALTH LAW
We know how stressful mental health law issues can be, not just for individuals, but also for their friends and family.
We can advise you in an approachable and sympathetic way. We will use clear language in all our dealings with you. We recognise that it may not always be easy or practical to call to our office and we are happy to arrange hospital visits.
When you instruct us you can be confident that your case will be handled by an experienced solicitor, and we will always act in your best interests.
Patrick Bardon, solicitor is a member of the Mental Health Commission's panel of legal representatives and represents clients at Mental Health Tribunal Hearings.
We can advise on and represent you in all aspects of mental health and capacity law including:
We can advise you in an approachable and sympathetic way. We will use clear language in all our dealings with you. We recognise that it may not always be easy or practical to call to our office and we are happy to arrange hospital visits.
When you instruct us you can be confident that your case will be handled by an experienced solicitor, and we will always act in your best interests.
Patrick Bardon, solicitor is a member of the Mental Health Commission's panel of legal representatives and represents clients at Mental Health Tribunal Hearings.
We can advise on and represent you in all aspects of mental health and capacity law including:
- Representation at Mental Health Tribunals
- Advising in relation to treatment in hospital
- Judicial review of unlawful decisions
- Advising in relation to the provisions of the Mental Health Act.
- Acting in appeals where mental health is an issue
- Advising in relation to capacity and consent issues
FARMING AND AGRICULTURE
We have been providing specialist advice to farmers on all aspects of legal issues in the agricultural sector. We take particular care in advising on the business aspects of the farm to include:
- Farm transfer
- Land Leasing
- Wind Farm Option agreements
- Compulsory Purchase Orders
- Farm Disputes
- Rights of Way
- Farm Partnerships
- Wills and Succession and Retirement planning
- Accidents on Farms
- Taxation implications on transactions including stamp duty, capital gains tax and capital acquisition tax
EMPLOYMENT LAW
Occasionally, you might find a difficulty arises at work such as bullying, harassment, discrimination, unfair conditions, breach of contract, unfair dismissal, constructive dismissal or redundancy. Issues can arise with an employer or a colleague. We can provide specialist knowledge and impart expert legal advice to help your situation.
For employees we advise on:
For employees we advise on:
- Contracts of Employment and Terms and Conditions
- Redundancy
- Unfair Dismissal
- Work place Relations Commission and Court Claims
- Protected Disclosures
- Rights of Way
- Farm Partnerships
- Health and Safety in the Workplace
- Grievance Procedures
- Contracts of Employment and Terms and Conditions
- Employee Handbooks
- Work place Relations Commission and Court Claims
WARDSHIP APPLICATIONS
WARDSHIP APPLICATIONS
Where a person is unable to make decisions on their own behalf (and if they have not created an Enduring Power of Attorney), it will be necessary to make the individual a Ward of Court. This is a process where the next-of-kin apply to the High Court to have a committee appointed to act on behalf of the individual, who no longer has capacity.
The High Court will initially direct an inquiry into the capacity of the individual prior to determining whether the individual should be taken under the protection of the High Court. Two doctors are required to give evidence of incapacity. If the Court finds it necessary to proceed, then the individual is medically examined and a report of mental capacity furnished to the Court. If no objections are filed, then a Declaration is made by the Court and the individual is made a Ward of Court.
The Committee will be appointed and all of the Ward’s moneys and assets are lodged with the Accountant of the High Court. The Committee have responsibility for the Ward’s well-being and liaise with the Registrar of the Ward of Courts office to inform the Court about the Wards needs and requirements.
The Ward of Court process is quite complex and we will guide you through the procedure with clarity and efficiency.
The High Court will initially direct an inquiry into the capacity of the individual prior to determining whether the individual should be taken under the protection of the High Court. Two doctors are required to give evidence of incapacity. If the Court finds it necessary to proceed, then the individual is medically examined and a report of mental capacity furnished to the Court. If no objections are filed, then a Declaration is made by the Court and the individual is made a Ward of Court.
The Committee will be appointed and all of the Ward’s moneys and assets are lodged with the Accountant of the High Court. The Committee have responsibility for the Ward’s well-being and liaise with the Registrar of the Ward of Courts office to inform the Court about the Wards needs and requirements.
The Ward of Court process is quite complex and we will guide you through the procedure with clarity and efficiency.
