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The Importance of Promoting Workplace Wellbeing
Health and wellbeing have been recognised as a key resource for people to realise their potential, to achieve important life goals and to contribute to society. Recognising this the Law Society has introduced a Professional Wellbeing Charter to support workplace wellbeing.
What is the Law Society Professional Wellbeing Charter?
The Law Society of Ireland has invited firms across Ireland to show their commitment to workplace wellbeing by becoming a signatory of the Law Society Professional Wellbeing Charter. The Charter is committed to the wellbeing of all members and the creation and maintenance of positive workplace cultures that support wellbeing and psychological health.
Why have Callan Tansey Solicitors become a signatory?
We are delighted to be one of the first firms to become signatory of the Law Society Professional Wellbeing Charter which we feel is a public commitment to our staff and our clients. We believe that promoting the wellbeing of our staff is critical in the successful operation of a busy legal practice. Our staff are our most valuable asset and any steps we can take to support and encourage their wellbeing and psychological health is our main priority. As Richard Branson once remarked “Take care of your employees and they will take care of your business. It’s as simple as that”.
What are the benefits for our clients?
We believe that committing to the Law Society Professional Wellbeing Charter will also result in added benefits to our clients. Our legal practice operates at very fast pace and by supporting and promoting wellbeing we believe that our team will bring added benefits to our clients in the legal services we provide throughout the various Departments within Callan Tansey. There are of course added pressures with remote working and the inability for staff to mix as we once did and with that in mind a commitment to all our wellbeing is particularly crucial now. This is a difficult time for everyone and we believe that by showing our public commitment we can support our staff through the current restrictions and build the framework for a more positive workplace culture promoting wellbeing. This then enables us to more fully support our clients as they address the challenges they are facing.
By signing the Law Society Professional Wellbeing Charter what have we committed to?
By becoming a signatory of the Law Society Professional Wellbeing Charter, we commit to improving leadership and championing behaviours that promote and enable professional wellbeing across all roles in our workplace both virtual and physical. Work to create a healthy workplace culture characterised by behaviours and practices that promote effective communication and active listening, so the office experience is one of trust, respect, honesty, fairness, compassion and psychological safety. The key elements of the Professional Wellbeing Charter are:
- Build an environment where leaders promote professional wellbeing and take appropriate action to protect employees’ mental health including holding unprofessional behaviours to account, with consequences.
- Work to reduce stigma associated with mental health in the workplace.
- Build employee and management capacity to support employees’ psychological and mental health concerns and be able to respond effectively to these as needed.
- Strive to create a work environment where tasks and responsibilities can be accomplished within a realistic timeframe and that promotes work/life balance.
- Encourage and support employees in the development of their social and emotional needs, as well as their job skills.
- Nurture a work environment where employees derive a sense of meaning and purpose from their work and are appropriately recognised and rewarded for their work efforts.
- Ensure policies, procedures and processes are in place that safeguard employee psychological safety and mental health.
Caroline McLaughlin, Partner at Callan Tansey, adds “We would encourage all legal practices in Ireland to join us in becoming a signatory to the Professional Wellbeing Charter to show their commitment to their own wellbeing and psychological health and to all people across all roles within their organisation. Our health is our wealth and now more than ever we need to protect it. “
€320,000 Settlement after newborn left with chemical-type burn
The High Court has agreed a settlement totaling €320,000 in the lawsuit involving a seven-year-old girl who, as a newborn, suffered a chemical-type burn purportedly due to a wipe left in her incubator at a maternity hospital.
During the proceedings, it was disclosed that the wipe, containing a solution of 2% chlorhexidine gluconate, remained unnoticed by nursing staff until nine hours after her birth.
Following the incident, the infant underwent a week-long course of antibiotics and was subsequently transferred to another medical facility for additional treatment, including dressings and assessment by a plastic surgeon.
Senior Counsel Jonathan Kilfeather informed the court that the child sustained scarring on her left hip and abdomen, with potential need for surgical intervention.
The legal claim contended that such wipes are intended for occasional use and not for prolonged contact with the skin. Allegations included negligence in removing the wipe and failure to adhere to recommended usage guidelines.
The lawsuit, brought by the unnamed minor against The Coombe Women and Infants University Hospital, Dublin, in connection with the 2017 incident, was met with denial of all allegations.
Mr. Justice Paul Coffey, acknowledging the severity of the scarring, deemed the settlement fair and reasonable and granted approval.
Our Sorcha King represented the client on this case.
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Fatal Accidents on the Road
The most recent statistics from the Road Safety Authority (RSA) (for the period from 1 January- 31 March, 2024) confirm that during 2024 to date, there were 58 fatalities on the road in Ireland. This represents 16 more deaths from 2023 figures for the same period and the highest number of deaths for the same period from 2019- 2024.
The statistics further confirm that of the total number, the fatalities were: –
- 24 drivers
- 18 passengers
- 11 pedestrians
- 3 motorcyclists
- 2 cyclists
In 2023, there were 184 fatal accidents on the roads in Ireland. This represented a 19% increase from 2022 figures for the same period. The statistics for 2023 further confirmed that of the total number: –
- 1/4 of fatalities were aged between 16-25 years
- 78% male/ 22% female
- 1/2 of fatalities occurred between 8pm- 8am
- 1/2 of fatalities occurred between Friday- Sunday
- Over 1/2 of fatalities arose following a single vehicle collision
- The monthly average is 15 fatalities per month (2022 average 13 fatalities per month)
- There is a significant increase in passenger and pedestrian fatalities.
- Counties Tipperary (16), Cork (15), Dublin (15), Galway (13) and Mayo (12) have recorded the highest numbers year to date.
Policing statistics to date (3 April, 2024 ) confirm 58 deaths and 53 collisions.
Here our Caroline McLaughlin, Partner, discusses frequently asked questions following fatal accidents on the road.
What do I do if I witness a fatal road accident?
If you witness a fatal road traffic accident you should immediately make contact with the emergency services. You should provide your name and contact details to members of an Garda Siochana present or make contact afterwards. You should keep note of what you observe in the area, the position of vehicles, weather conditions, speed and any other information which may be relevant to any Garda investigation. You should provide a witness statement to the investigating Gardai when requested. If you have dash camera footage, you should retain same and make available to the investigating Garda. If what you witness causes you any distress, you should seek medical attention to assist you in dealing with what you have witnessed. If you have suffered an injury from your experience, you should seek legal advice.
What do I do if I am involved in a fatal road accident?
If you are involved in an accident which results in a fatality you should ensure that the emergency services and Gardai are immediately notified. You should follow their guidance at the scene. You should make all relevant information available so that the Gardai can fully investigate the circumstances of the incident. If you are involved as a driver, you should notify your insurance company of your involvement. Your vehicle may be held by An Garda Siochana for further investigations.
What do I do if a loved one is the victim of a fatal road accident?
If your loved one is the victim of a fatal road accident, we express our deepest sympathies to you. In the aftermath of a fatality, not all information will be available. Dealing with the trauma of a bereavement is an extremely difficult time for any family. There may be an ongoing Garda investigation which will involve taking statements from witnesses and gathering essential evidence. The Gardai will appoint a Garda Family Liaison Officer to inform the family as to what is happening and further steps. There may be unanswered questions for a considerable period of time until investigations are concluded and an Inquest takes place. Depending on the circumstances of the incident it may be necessary to obtain legal advice from a Solicitor to advise on the legal processes involved to bring a fatal injury action.
What is a fatal injury?
When a wrongful act of another results in death, a fatal injury action may be maintained by those defined by law as a dependent of the deceased.
Who is a dependent?
The list of persons classed as dependent are: –
- A spouse, civil partner (as defined by law), parent, grandparent, step-parent, child, grandchild, stepchild, brother, sister, half-brother, half sister
- A person whose marriage to the deceased was dissolved by decree of divorce
- A person whose civil partnership was dissolved by decree of dissolution
- A person with whom the deceased was living with as husband and wife for a continuous period of not less than 3 years.
Are there time periods I need to be aware of?
Under Irish Law, an action relating to a fatal injury must be commenced within a period of 2 years. There is a further obligation to notify of intention to bring a case within a period of one month. However, for those dealing with a bereavement, it may not be possible for a family to obtain legal advice within this time period. In those circumstances legal advice should be obtained at the earliest opportunity.
Seek support
There are various support groups in Ireland that can provide support to families, including PARC Road Safety Group and the Irish Road Victims Association (IRVA). If required, support should also be obtained from medical advisors.
Caroline McLaughlin is a Partner at Callan Tansey Solicitors LLP in the Personal Injury* Department. She is an expert in personal injury*/ fatal injury* actions. If you have questions about any of the issues raised in this article, or any other matters relating to Fatal Injury* you can contact Caroline directly here.
*In contentious business, a solicitor may not calculate fees or charges as a percentage or proportion of any award or settlement
Making A Will in Ireland
One of the most important things you will do in your lifetime is to make a Will. There are many benefits of having a Will as well as negative consequences of dying without a Will. Here Joanne Leetch, Senior Associate Solicitor at CallanTansey Solicitors, addresses the questions that we are most frequently asked about making a Will
What is a Will?
A will is a written document which contains a person’s wishes as to what is to happen to their property, money and personal belongings following their death. It may also contain directions about funeral arrangements, burial etc.,
Why do you need a Will?
- To ensure that your property and assets pass to the person(s) you wish to benefit following your death.
- To protect those to whom you owe a legal and/or moral duty of care e.g. spouse, children or other dependants
- To provide an opportunity to minimise possible adverse tax consequences.
- To ensure that your affairs are administered by your chosen person (namely the Executor).
Who can make a Will?
A person who is over the age of 18 years or is married, or has been married, and is of sound mind.
What is required to make a Will?
A Will must be in writing and signed at the bottom by the person making the Will (i.e. the Testator) in the presence of two witnesses both of whom witness the Will in the presence of the Testator.
By either: –
- By executing a Codicil to the Will – this is a further written statement either by way of postscript or document to be attached to and read in conjunction with the original Will. The same rules regarding execution, as explained above, apply to the making of a Codicil.
- By making a new/fresh Will with the intention of revoking any previous Will.
Do you need a Solicitor when you are making a Will?
No, it is not necessary. However, it is advisable as
- A Solicitor will ensure compliance with the statutory provisions as set out above.
- A Solicitor will provide advice and guidance.
- A Solicitor can act as one of the witnesses of the Will (which can make it easier to have the Will admitted to Probate following death.)
What is A Grant of Probate?
This is the document which issues from The High Court Probate Office proving the Will and the appointment of the Executor. This document allow the Executor gather the assets of the deceased (e.g. Money in the bank), pay and debts or liabilities, sell assets if required (e.g. property) and ultimately divide and allocate the estate to those entitled in accordance with the Will.
What is an Executor?
The person named in the Will whom the Testator wants to execute his or her wishes.
What is an Enduring Power of Attorney?
This is a document in which a person authorises one, or a number of persons, to have the power to act on their behalf if at some stage in the future, that person ceases to have mental capacity.
What does capacity mean when making a Will?
The test is whether a person has functional capacity and are capable of giving instructions in relation to their wishes. In other words, do they understand:
- That they are making a Will that will deal with their estate on their death
- The nature and extent of their property and assets
- Those whom they wish to benefit (including those to whom they have a legal or other obligation)
Who determines capacity when making a Will?
The Solicitor has the primary obligation of determining capacity. The functional test referred to above is a legal test. However, a prudent Solicitor will, if appropriate, seek a report from the testator’s (the person making the Will) GP as to whether in his/her opinion the testator has capacity. The Solicitor will also make careful notes which together with the doctor’s report may assist in the easier extraction of a Grant of Probate.
What happens if I die without making a Will?
Your estate will pass to those entitled as prescribed by law (i.e. your next of kin). The rules of succession are set out in the Succession Act 1965. This may not be in accordance with your wishes.
Can making a Will help reduce inheritance tax?
The making of a Will itself does not necessarily help reduce inheritance tax. However, a person when making a Will can decide to their leave their assets in such a way to reduce inheritance tax. The advice of a Solicitor can be very helpful in this regard.
For further information, please contact Joanne Leetch at Callan Tansey Solicitors.
Making A Will In Ireland
Hospital apologises after man’s death during CVC removal
Martin Best of Childers Heights, Ballina died in hospital in January 2019 after a procedure to have a central venous catheter (CVC) line removed.
The deceased had longstanding chronic obstructive pulmonary disease and on or about the 29 December 2018 he experienced breathing difficulties, and he became increasingly wheezy by reason of which he was attended the said hospital. Investigations were conducted, including chest X-rays, and he was subsequently discharged in the early hours of the 30 December 2018. The deceased was contacted by the Defendant, its servants and/or agents on the 31 December 2018 who advised him that, upon reviewing the said chest X-rays, there was an area of clinical suspicion and that further imaging needed to be undertaken. In the early hours of the 1 January 2019 the deceased became very breathless and attended the said hospital where a CT scan was performed. The deceased was subsequently admitted to the said hospital. His condition deteriorated when he developed respiratory failure (Hypercapnic Type II) in association with rapid atrial fibrillation. On or about the 3 January 2019, the deceased was transferred to a Critical Care Unit at the said hospital for non-invasive ventilatory support and treatment of atrial fibrillation with Amiodarone, which necessitated the placement of a central venous catheter in his neck.
By the 4 January 2019, the deceased’s condition had improved to the extent that it was considered that he was approaching being well enough to be discharged from the said unit. The deceased was subsequently discharged from the said unit and transferred to a ward at the said hospital with the said central venous catheter in place.
On or about the 8 January 2019, the Defendant, its servants and/or agents removed the said central venous catheter from the deceased’s neck and, in the course thereof, caused, allowed and/or permitted a venous air embolism to occur in his blood circulation system as a result of which he immediately collapsed and as a result of which he sustained a catastrophic neurological injury which ultimately, and tragically, led to his death on the 12 January 2019.
Martin’s daughter Sharon Best said, “I hope that lessons can be learned from my late Dad’s death. I would encourage a nationwide protocol to be introduced for the safe removal of CVC lines to prevent similar future deaths occurring”.
Mr David O’Malley acting for the family said, “A regrettable part of this tragic death was the failure of the Hospital to notify the Coroner resulting in a delay of an Inquest taking place. It is important for all sudden unexplained deaths to be notified to Coroners immediately”.
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Stillbirth of baby could have been avoided if doctors had delivered the boy earlier, inquest hears
The inquest into the stillbirth of baby Noah O’Shea-Rodgers at Wexford General Hospital in 2020 concluded with a verdict of medical misadventure. The jury found that the baby’s death could have been avoided if doctors had delivered him at an earlier stage due to complications with the mother’s preeclampsia, a condition associated with high blood pressure in pregnant women.
Expert witness Professor Fergal Malone criticised several aspects of the care provided to the baby’s mother, Claire O’Shea, including a delay in deciding to perform an emergency caesarean section, missed opportunities to diagnose preeclampsia, and a delay in confirming the diagnosis due to laboratory test limitations. The inquest revealed that Ms. O’Shea had demonstrated warning signs of severe preeclampsia, and the baby’s death resulted from a lack of oxygen caused by a severing of the placenta linked to the mother’s condition.
Prof Malone stated that there was no doubt the baby would have been born alive and healthy if delivered earlier, especially after warning signs had been observed. The delay in delivery, up to 24 hours, was deemed “probably unwise,” and the appropriate decision for an emergency caesarean section was acknowledged once the baby’s heartbeat started deteriorating.
The jury recommended that HSE guidelines on the diagnosis and treatment of preeclampsia be circulated to staff at Wexford General Hospital. The verdict of medical misadventure did not blame or exonerate anyone for the baby’s death. The parents, Claire O’Shea and Shane Rodgers, expressed their hurt and anger over the late diagnosis of preeclampsia and emphasised that Noah’s life might have been saved with proper care.
Following the Inquest, solicitors for Noah’s parents Mr. John Kelly from Callan Tansey Solicitors LLP said Noah’s death was an absolutely tragedy” – a child deprived of life and parents deprived of their healthy child”. “It is a tragedy that should not have happened and was preventable,” said Mr Kelly. He said preeclampsia was a well-recognised condition in pregnant women with well-established guidelines for the management of the condition.
However, he said Ms O’Shea’s condition was negligently mismanaged. Mr Kelly said the verdict justified their pursuit of the case since 2020 and more importantly it raised awareness among the public and medical staff so that someone with MS O’Shea’s condition would “speak up louder” in future and question their medical treatment, while medical staff might listen more attentively to patients.
“Perhaps a life could be saved and a child may have the chance of life. Tragically for Shane and Claire, Noah wasn’t given that chance ,” Mr Kelly concluded.
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Case Involving Toddler Who Swallows Battery
One of our medical negligence solicitors acted for Aaron Sikorski who at 14 months of age, swallowed a button battery. It was alleged that despite his mother consistently telling the GP and A&E doctors of her fear that he had, an x-ray was not performed. Aaron ended up requiring transfer to Crumlin for emergency surgery; Aaron was left with significant scarring, some difficulties eating and psychological trauma.
On Wednesday, 17th of January 2024, the High Court will rule on the settlement of a medical negligence case involving Aaron Sikorski, a boy who at fourteen months of age, swallowed a button battery. An alleged negligent delay in arranging investigation and removal of the battery by both the GP and those at Galway University Hospital, meant multiple opportunities to avoid the development of a trachea-oesophageal fistula were missed. The case was brought against both the GP, Dr Maire McGarry and the Health Service Executive.
On 25th July 2018, Marlena left her son Aaron on the floor, so that she could pour a cup of coffee. It was approximately 10:15am. She then heard Aaron choking and saw that he was over by the drawer. She thought this drawer had been cleared but she knew that it was ordinarily where the batteries were kept. She immediately suspected that he had choked on a battery. She shoved her fingers down his throat to try and clearly obstruction, and he threw up. Marlena telephoned the GP practice and told the secretary that she suspected Aaron had swallowed battery. The secretary told her to come in straight away. Marlena took it from the tenor of the secretary’s voice, that they would be seen immediately on arrival. When they arrived at approximately 10:30am, Marlena was frustrated to be left waiting in the waiting room while the GP saw another patient. She remembers looking at the clock and it was 11:00am, immediately before she was called into the GP’s room. Marlena alleges that she told the GP that she found Aaron by the drawer choking, and she believed he may have swallowed a button battery that she recalled had been in that drawer. The GP listened to the chest and asked Marlena if anybody in the family had been sick recently. Marlena told the GP that her daughter had had a high temperature, the weekend before. The GP concluded that Aaron could be dehydrated and advised fluids and Paracetamol.
Aaron continued to exhibit choking/breathing difficulties overnight and Marlena took an audio recording on her phone which she has retained. She brought Aaron to the GP clinic, first thing the following morning, 26th July. She showed the audio recording to Dr McGarry. The GP did not consider the need for referral or an x-ray and noted that he had had a high temperature overnight and had vomited again. His mother reported a difficulty in swallowing and mentioned her fear that he had swallowed a battery but again, no significance was attached to this. The GP advised that it could be croup.
On 27th July 2018 Marlena took Aaron to the Accident & Emergency Department in Galway University Hospital. The nursing records clearly document that there was a possibility of Aaron having ingested a battery, per Marlena. It was noted that he had difficulty breathing and that he was not eating. He was seen by a Registrar who noted that he also had irritability, that he had developed a temperature and coughing, and that he had bilateral air entry with no wheeze and no crepitations.
It is alleged that there was a failure to take a proper history and a failure to arrange a chest x-ray. The nursing records imply that the nursing staff discussed Aaron having a chest x-ray with the Registrar, but that suggestion was not acted upon. Aaron was subsequently seen by the pediatric team where again, an inadequate history was taken, there was poor communication with the nursing team and the possibility of a swallowed foreign body was overlooked. No chest x-ray was performed.
It is alleged that if an adequate history and chest x-ray had been taken at that stage the presence of a button battery would have been identified and it could have been removed. It would not have leaked, and the Plaintiff would have been spared the harm he came to.
Marlena brought Aaron back to the GP on 2nd August 2018 when it was noted that he had been assessed in hospital and still had stridor at night. An examination was carried out which revealed no abnormality. He was thought to have mild croup and was given more prednisolone, an inhaler and advice.
On 3rd August the Plaintiff returned to the GP and was referred back to the hospital. Following review in hospital he was found to have a polyphonic wheeze. A chest x-ray and gastrografin swallow showed a foreign body. The doctor who spoke with Marlena told her it was believed to be a coin and she said, much as she had all along that it was a button battery.
Aaron was referred to the ENT team and taken for emergency surgery and it was indeed confirmed to have been a button battery. The foreign body was removed, but Aaron was found to have oedema around the oesophagus. A subsequent gastrografin swallow showed a trachea-oesophageal fistula (TOF). Aaron required transfer to a specialist tertiary referral for significant and complex surgery in Crumlin on 4th August. The Paediatric Surgeon came to speak Marlena that night in Crumlin. She was visibly upset; she told Marlena that she did not know yet what they could do to help Aaron and they would seek guidance from Great Ormond Street Hospital in London. The Surgeon placed a call and Marlena was shocked at the number of medics that entered the room. To Marlena, they all appeared upset and concerned when they were told how serious Aaron’s situation was.
Aaron required additional surgeries to treat the TOF, and he has now been left with extensive surgical scarring. psychological trauma and residual dysmotility. His dysphagia (difficulty swallowing) has now resolved.
The Health Service Executive has in the course of the proceedings admitted breach of duty (liability) but puts Aaron on proof of causation; Dr Maire McGarry denies liability.
A settlement offer of €220,000 to include the cost of future treatments and therapies has been accepted.
Our Solicitor on behalf of Aaron’s family:
This is every parent’s worst nightmare. Marlena told multiple doctors over three days, that she feared her one-year-old boy had swallowed a battery. A simple x-ray would have confirmed that but the opportunities to arrange one were missed. All the while, the battery was leaking and corroding Aaron’s throat. Simply put, had Marlena been listened to, Aaron would not have suffered these horrific injuries.
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Settlement of €1.9m after woman’s death after childbirth approved by Court
The High Court approved a settlement of €1.9 million plus costs in the case of Nayyab Tariq, who died after childbirth at Mayo University Hospital, Castlebar on March 22, 2020. The action was taken by her husband Ayaz Ul Hassan, who was represented by one of our medical negligence solicitors from our Galway office. He took a case against the HSE for alleged medical negligence and breach of duty following her death.
In taking the case, he alleged that Mayo University Hospital committed “a series of gross breaches of duty, in particular by miscommunication, non-communication and delaying in the recognition and treatment of shock as a result of significant post-partum haemorrhage”. He claimed in the case that the signs of the post-partum haemorrhage were not recognised by the hospital.
The Court heard that following the birth of her daughter, there were complications while Ms. Tariq was undergoing surgery to remove her placenta and she passed away in “heartrending and devastating circumstances”
An inquest into the death of Ms. Tariq was held in September 2021, and returned a verdict of “death by misadventure”. The Saolta hospital group conducted a review of the circumstances surrounding Ms. Tariiq’s death. The review concluded that that the delay in recognising the signs of her shock from blood loss was a causative factor in her death, along with the failure to implement basic measures for postpartum haemorrhage. In a letter to Mr. Ul Hassan tunreservedly apologised for the failings in the standard of care at the hospital. The HSE has admitted liability.
Mr. Ul Hassan, is a biomedical scientist, and met Ms Tariq, in 2014. The couple married in 2017, and began living together in Ireland in 2018 when Ms. Tariq moved from Lahore in Pakistan. In 2019 she graduated from University College Cork and was working as a pharmacist and living in Ballyhaunis at the time of her death.
Speaking outside the court, Mr. Ul Hassan said he is “still processing everything” following his wife’s death and, adding: “I don’t think it’s something that can be put into words. It’s just something no one should have to face and go through, and I never got to experience the fatherhood that I should have and was forced into being a single parent and raising my daughter.”
He added that “he could not have done it without the support of his family and friends”. He said his daughter Nayyab, who was named after her mother, is “doing good, she’s very good”. She will be four years old in March and she is having a last day of school today before her Christmas break. “I can’t wait to go back and pick her up.”
Johan Verbruggen and Ayaz Ul Hassan outside the High Court IMAGE: Jane Moore / The Journal
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What to Do If You Experience Domestic Abuse in Ireland
Domestic abuse can take many forms. These include physical violence, sexual abuse, emotional abuse, intimidation, financial and economic abuse, and coercive control. Here our Orlagh Sharkey, Head of Family Law, outlines the various steps you can take if you are experiencing domestic abuse.
If you are subject to domestic violence you can make immediate applications to the District Court for orders such as an Interim Barring Order or Protection Order. These applications can be made to a District Court Judge at relatively short notice to the Court Clerk. If there is an immediate risk of danger to you an emergency order can be obtained on a temporary basis until the full hearing of your case before the court.
What is the Difference Between a Safety Order, a Barring Order, and a Protection Order?
Safety Order
A Safety Order is an order of the court which prohibits a person from further violence and threats of violence. There is no obligation on the party whom a Safety Order is made against to vacate the home. If the person does not reside with you the Safety Order can prohibit them from watching or being near your home to include restricting communication with you.
Barring Order
A Barring Order on the other hand directs the person to vacate the home. It prohibits the person from entering a place until further order of the court or until such time as specified by the court. A Barring Order can prohibit the person from using threatening behaviour or violence against the person or molesting or putting in fear the person. It also prohibits them from watching a place where the person resides and engaging in communication electronically or otherwise or following the applicant. A Barring Order can remain in place for up to 3 years after its initial ordering and it can be renewed if necessary.
Protection Order
If you have applied for a Safety Order or a Barring Order and you are awaiting a hearing before the court it is possible to obtain an interim order. This is an order which lasts until the hearing of your case. Such an order is a Protection Order and it is granted in circumstances where there are reasonable grounds for believing that the safety or welfare of a person requires the making of a Protection Order. An application for a Protection Order can be made Ex parte. This means that the person against whom the order is made is not aware of the application for the order.
When there is an Immediate Risk of Harm from Domestic Abuse
If there is an immediate risk of significant harm to you or a dependent person you can make an immediate application to the court for an emergency Barring Order which will require the abusive person to vacate the home immediately and prohibits that person from re-entering the home. Such an order can be obtained in the District Court and will last for eight days at which point an application for a permanent Barring Order should be made.
When to Seek Help For Domestic Abuse
Any person living in a controlling or abusive relationship should seek help. There are many supports available through Women’s Aid and the Domestic Violence Advocacy Services which will support a person in making the necessary court applications. Coercive control and domestic violence can have a detrimental effect on one’s confidence and general well-being and as a result it is best to avail of help immediately and obtain the protections of the court.
It is also of note that from the 27th of November 2023 Domestic Violence Leave has come into effect allowing employees up to 5 days paid leave in a 12month period.
In my experience of dealing with victims of domestic violence the situation does not get better with time but rather worsens. The effects of a violent relationship are long-lasting on the adults and children involved. It is therefore advisable that any person who is suffering abuse at the hands of another person would seek immediate assistance.
If you have any questions about the issues raised in this article you can contact Orlagh Sharkey by email or phone on 071 916 2032.
Report examining the operation of the Coroner’s Service launched.
The Joint Oireachtas Committee on Justice has launched the Committee’s Report on An Examination of the Operation of the Coroner’s Service. David O’Malley, Joint Managing Partner and Roger Murray SC, Partner were invited to the launch by the committee. As joint authors of the book “Medical Inquests”, they were previously invited, together with co-author Doireann O’Mahony BL, to make submissions to the committee on the running of the Coronial service. They were also asked to appear as witnesses in front of the committee last year.
In reaching out to stakeholders to gain diverse perspectives on the operation of the Coroner’s Service, the written submissions and witnesses provided the Committee with an insight into several areas where they deemed it was most important to make improvements.
Among the key areas identified include the structure and resourcing of the Coroner’s Service; the selection of a jury for a coroner’s inquest; and the follow-up and implementation of recommendations stemming from a coroner’s inquest.
The Committee has made several recommendations for these areas and a copy of this report and recommendations will be sent to the Minister for Justice. The full report, including the submissions make by Partners at Callan Tansey Solicitors LLP is available to download free of charge here.
The Importance of Promoting Workplace Wellbeing
The World Health Organisation has defined Health as the state of complete physical, mental and social wellbeing, and not simply the absence of disease or infirmity.
€320,000 Settlement after newborn left with chemical-type burn
The High Court has agreed a settlement totaling €320,000 in the lawsuit involving a seven-year-old girl who, as a newborn, suffered a chemical-type burn purportedly due to a wipe left in her incubator at a maternity hospital. During the proceedings, it was disclosed...
Fatal Accidents on the Road
The most recent statistics from the Road Safety Authority (RSA) (for the period from 1 January- 31 March, 2024) confirm that during 2024 to date, there were 58 fatalities on the road in Ireland. This represents 16 more deaths from 2023 figures for the same period and...
Making A Will in Ireland
One of the most important things you will do in your lifetime is to make a Will. Joanne Leetch, Senior Associate at CallanTansey Solicitors, addresses the questions that we are most frequently asked about making a Will.
Hospital apologises after man’s death during CVC removal
Martin Best of Childers Heights, Ballina died in hospital in January 2019 after a procedure to have a central venous catheter (CVC) line removed. The deceased had longstanding chronic obstructive pulmonary disease and on or about the 29 December 2018 he experienced...
Stillbirth of baby could have been avoided if doctors had delivered the boy earlier, inquest hears
The inquest into the stillbirth of baby Noah O'Shea-Rodgers at Wexford General Hospital in 2020 concluded with a verdict of medical misadventure. The jury found that the baby's death could have been avoided if doctors had delivered him at an earlier stage due to...
Case Involving Toddler Who Swallows Battery
One of our medical negligence solicitors acted for Aaron Sikorski who at 14 months of age, swallowed a button battery. It was alleged that despite his mother consistently telling the GP and A&E doctors of her fear that he had, an x-ray was not performed. Aaron...
Settlement of €1.9m after woman’s death after childbirth approved by Court
The High Court approved a settlement of €1.9 million plus costs in the case of Nayyab Tariq, who died after childbirth at Mayo University Hospital, Castlebar on March 22, 2020. The action was taken by her husband Ayaz Ul Hassan, who was represented by one of our...
What to Do If You Experience Domestic Abuse in Ireland
Domestic abuse can take many forms. These include physical violence, sexual abuse, emotional abuse, intimidation, financial and economic abuse, and coercive control. Here our Orlagh Sharkey, Head of Family Law, outlines the various steps you can take if you are...
Report examining the operation of the Coroner’s Service launched.
The Joint Oireachtas Committee on Justice has launched the Committee’s Report on An Examination of the Operation of the Coroner’s Service. David O’Malley, Joint Managing Partner and Roger Murray SC, Partner were invited to the launch by the committee. As joint authors...
Cathy and Alan McGrath talk about working with Roger Murray and the medical negligence team of solicitors at Callan Tansey who worked on their case when their son Matthew contracted meningitis when he was 17 years old.
Callan Tansey Pathways to Progress Highlights of the MedicoLegal Conference 2017
“It had never been done before, it’s a groundbreaking event bringing patients, doctors and lawyers together in a room and identifying ‘Pathways to Progress’ “. Roger Murray
