Cuddy & Company Solicitors

28/11/2023

Cuddy & Company Solicitors are inviting applications for Administration roles at our Loughrea Office. We are offering family friendly hours and excellent rates for the right candidate. Our office is a growing legal firm specialising on Property, Estates, Medical and Personal Injury cases.
Preferred candidates will have office experience with skills such as typing and use of Microsoft Office.
Applications will be accepted up to the 21st December 2023.
Please send your CV to [email protected] or contact John on 091882122.

29/10/2021

Unfortunately this issue is becoming ever more common. Embarking on a self build project is not for the faint hearted. But the good news is that it is possible and with the right people on your team it can be a very rewarding if not challenging experience.
Our best tip is to get the Right advice as early as possible in your project.
As solicitors we provide advice on transferring sites, ownership structures, taxes, ensuring access to services, completing mortgage and stage payments etc.

I had spent money on a QS to get costs of the build. I own the land, have the planning approved and an engineer ready. I have approached a number of lending institutions who are telling me that I don’t have enough disposable income.

26/10/2021

Great work by all involved!

Thank you to Loughrea Anglers for their on going help with The Walks Project. Busy last Sat. removing damaging vegetation in preparation for next year's wall restoration.

22/10/2021

21/10/2021

Welcome and overdue changes to the HSE Fair Deal Scheme have been announced. Contact our office to see what these changes mean for you.
[email protected]
091882122

Changes to the Nursing Home Support Scheme - known as the Fair Deal Scheme - agreed in the summer are set to come into effect this week.

30/04/2020

Despite the ongoing Crisis, the regional property market appears to holding up and it looks like this will continue. The primary drivers of the market remain solid.
Demand for owner occupier homes has never been stronger in the county while the Supply remains low. Banks are still lending, particularly to people who comply with the central bank lending rules.
We are here to provide a professional and honest service at reasonable prices to both purchasers and vendors. We are providing services by phone and by email.
If you have any queries, please don't hesitate to contact us on 091882122 0r [email protected]

We also continue to provide free Covid-19 related legal advice to businesses and individuals - where it is practical to do so.

Cuddy & Company Solicitors
091882122
[email protected]

While viewings may be on hold due to the Covid-19 crisis, this has not stopped potential buyers of new homes, according to local agents O’Donnellan & Joyce. Manager of the estate agency’s New Homes Department, Niall Browne: “We currently have eight new developments for sale. We have a large da...

16/03/2020

Please note - Our office remains open during this crisis. However, in line with current office practices nationwide, our office will be restricted to appointment only until further notice.

In order to minimise contact time during consultations, where possible we will take your instructions over the phone and will email draft documents for review.

We would ask anyone requiring documents to be sworn to please ring ahead so that we can make appropriate arrangements. Where possible please bring both original and copies of your ID and proof of address to avoid our staff having to handle same.

If anyone has any legal concerns about their situation in relation to the current Covid19 crisis we are happy to provide free advice over the phone where suitable.

Cuddy & Company
Solicitors
091882122
[email protected]

19/01/2018

This is an interesting article about Japanese property rights and the issues that have developed there through government restrictions and taxation. One thing we have in Ireland is an excellent and modern system of property registration. We also have a civil compulsory registration system which works well for the most part...
However, if we look at the ever increasing restrictions on land here, particularly environmentally sensitive lands, could we see a time when these lands become worthless or even a Burden and we end up with lands in Ireland that nobody is will to take ownership of... Will there be disastrous consequences for current environmental policy that will ultimately compound matters? Surely keeping land activity viable and rural communities alive is essential both to sustainable (long term) environmental policy and makes financial sense in the long run ..
Why then have a 5 year Food, Agricultural and Rural Development policy?? Doesn't seem to make much sense..

Feudal laws and untraceable landowners have rendered 20% of the country practically unusable

02/11/2017

Some good advice here for anyone looking to buy a house. Buying a house is a daunting task but ensuring you get good advice early can help you avoid some of the pitfalls.

Property Clinic: Your property queries answered

19/10/2017

The Apple Case brought up two legal phrases have been discussed at length this week on our local social media - Judicial Review and Legal Costs.

There appears to be a worrying view developing that the rules around both of these areas should be changed. In my view, this is wrong.
I hope the following note might assist people in understanding why I believe it is so important that costs are protected in the Judicial Review process.
I am talking Judicial Reviews generally and not simply Judicial Reviews in the context of planning or environment related decisions.
1. What is a Judicial Review (JR)?

A JR is a legal process whereby any citizen can ask the High Court to decide whether a decision of a State body (including semi state or public body) has been made correctly. It can also be used where a citizen wants to compel a state body to make a decision. Only in exceptional circumstances would the High Court examine the fact of a case or whether the decision was right or wrong but rather the High Court looks at whether the state decision maker followed the correct procedure in making the decision.
This usually involves examining one of the fundamental rights of the citizen - the Right to a Fair Procedure.

So the JR procedure is an essential function in keeping the State in check and ensuring citizens rights are protected.

In recent decades, the right of a citizen to challenge decisions of the State has been increasingly eroded. With excuses like lack of funding, Court delays or in the case of Apple, delay in the decision making process etc, successive Governments have tightened up the rules around taking a JR. For example, a Citizen used to have 6 months to bring a JR case, now they only have 3.

The other obvious restriction on taking a JR is the high costs involved.

2. Legal Costs:

Legal costs is something that has occupied a lot of my profession's time and energy in recent times. There is much debate internally and within the media about the cost in running cases. Indeed our new Chief Justice has flagged the cost of access to justice as a matter he intends to deal with.

However, the point that I would like to discuss is whether a citizen's legal costs should be protected when making a Judicial Review application. As most people will be aware, in this country we operate a winner takes all approach towards legal fees in that where a person wins his case, the loser usually is left to pay the costs of both parties.

However, in a Judicial Review -there are several exceptions to this principal - the reason being that a citizen does not have the same resources as a state body and where he/she has presented an application that raises a serious question and is granted leave to have this question heard by the High Court - unless the case turns out to be frivolous or vexatious the citizen is protected on costs.

While we may need to look at how we apply our environmental protection laws and planning laws going forward - I believe the last thing that we should be advocating for is further restrictions on bringing Judicial Review proceedings or on how the Costs of such cases are dealt with.

www.cuddy.ie

11/10/2017

It's unlikely this would stand in Ireland where there are specific rules around how a will is to be constructed.
It is important for anyone who has children or own assets to have a valid will.