About

Liam R. Fitzgerald Solicitor provides general legal services from his office in Lusk, County Dublin.

The practice provides general legal services and advice on various aspects of the law however the practice specialises in the areas of litigation, secured and unsecured borrowing as well as personal insolvency.

Liam R. Fitzgerald solicitor is a previous winner of the Irish Institute of Credit Managers Litigation Specialist of the Year Award. To make an appointment or attend at the office please see “Open Times” tab for more details.

You can find out more about Liam if you click the linkedin icon.  You can also follow the office by clicking on the facebook or twitter icons.

linkedin                       twitter                    facebook

Please see the “Contact” tab to find details of how to contact the practice.

I look forward to hearing from you.

Kind regards

Liam R. Fitzgerald
new profile pic

Contact

Liam R. Fitzgerald Solicitor

Main Street, Lusk, County Dublin.

To find us please click on “find us”.

email: liam@lrf.ie

Telephone: 01 8438138

Fax: 01 8071957

Consider an enduring power of attorney.

These are legal documents that require input from medical practitioners. Enduring powers of attorney make life very much easier if a person reaches a point where they are no longer capable of making decisions for themselves. Under an enduring power of attorney, they get to determine who makes decisions for them including decisions about personal care. They can even pick and choose which decisions they wish to leave in the hands of their chosen “attorney”. An enduring power of attorney can only be activated upon application to the courts.

Ways to reduce the tax bill on death

Capital acquisitions tax must be paid by a deadline of October 31st for gifts/inheritances valued in the previous 12 months.

It’s an area to which the Revenue Commissioners are paying close attention. The Revenue says between 2013-2014 it investigated about 750 cases involving capital acquisitions tax, and these resulted in an additional yield of more than €20 million, or an average of €26,666 per case.

1 DISPOSE OF THE MONEY – get money to individuals without affecting their thresholds by using the €3,000 annual small-gift exemption. This can be a convenient way of handing over money without incurring a tax bill.

2 CREATE A TRUST – put funds up to the child threshold of €225,000 into a trust fund, the fund might be worth three times the original threshold – but the child won’t incur a tax bill on it.

3 FAMILY HOME RELIEF – Under this relief, if a child lives in the family home for three years leading up to the gift or inheritance (and has no other property themselves), the parent can then gift it to them tax free, as long as the child then stays in the property for six years after the handover and doesn’t own other property in that time.

4 GET AN INSURANCE POLICY – you can buy an insurance policy which will cover this sum in the event of your death.

5 DECIDE WHO IS TO GET THE ASSET – there may be more tax advantages in passing on certain assets to someone who is bound by the thresholds than to a spouse for example.

Deals done on one third of mortgages in arrears

Irish banks have concluded deals to improve repayment terms for over a third of the more than 100,000 mortgage holders in arrears.

New figures show that sustainable solutions had been proposed to borrowers in 48,427 cases of the 108,304 mortgages in arrears over 90 days.

The Central Bank have said that some cases would inevitably require recourse to the courts while many borrowers are also still not engaging with their banks.

New Bankruptcy rules reduce term and remove Statutory Sitting

The Minister for Justice and Equality has made an Order commencing specified provisions of the Bankruptcy (Amendment) Act 2015 on 29 January 2016. The main provisions are:

  • Reduce the normal duration of bankruptcy from 3 years to 1 year, except where the term is extended for non-cooperation or concealment by the bankrupt person.
  • Enable the Court to extend bankruptcy term to up to 15 years, in cases of particularly serious non co-operation by the bankrupt person.
  • Reduce the maximum duration of bankruptcy payment orders from 5 years to 3 years, except where this is extended for non-cooperation or concealment.
  • Existing bankruptcies will receive the benefit of the new changes, subject to a 6 month transition period to allow the Official Assignee in Bankruptcy to take appropriate measures in any case of suspected concealment or non-cooperation.
  • Remove the requirement for the statutory sitting of the High Court after bankruptcy adjudication

Office Hours

The office hours of Liam R. Fitzgerald Solicitor are as follows:

Monday 9:30 a.m. to 5:30 p.m.

Tuesday 9:30 a.m. to 9 p.m.

Wednesday 9:30 a.m. to 5:30 p.m.

Thursday 9:30 a.m. to 9 p.m.

Friday 9:30 a.m. to 5:30 p.m.

Saturday 9:30 a.m. to 12:30 p.m.

It should be noted that appointments can be arranged for outside of the hours stated above.

Thank you.

Liam R. Fitzgerald.

1 in 5 mortgage holders could save money by switching

Research by the Central Bank shows one in five mortgage holders could save money by switching.

The Central Bank has ordered banks and building societies to give their customers more information about the savings they could make by switching out of their current mortgage arrangements.

Research by the Central Bank shows one in five mortgage holders could save money by switching – and some 27,000 people could save more than €10,000 by doing so.

Last year some 3,000 primary dwelling home (PDH) mortgage holders switched their mortgage.

The switchers were predominantly based in Dublin, and had relatively low loan to income and loan to value ratios. The average amount outstanding was €221,488 on a property valued at €413,884.

The average loan outstanding was for 22 years, while the average borrower who switched was aged 41 with a combined household income of €101,116.

Having a Will is a good idea.

There are good reasons for having a will. Most importantly, they provide legal clarity over precisely what a person wants to do with their possessions after they die. If there is no Will then the person died intestate. Under intestacy the law determines how a person’s assets are allocated. Most people tend to pass on their estate in its entirety to their husband / wife – not least because that avoids any issues of inheritance tax as transfers between spouses are exempt. However, without a will, any assets not in joint names would be treated as being under intestacy. That could mean them being sold or otherwise disposed of and the money split between the children and the remaining parent. This is why a Will is a good idea.

A High Court judge has strongly criticised “meaningless advice” given to couple

Justice Paul Gilligan has strongly criticised the “meaningless advice” given to a couple who have been evicted from their family home.

In a ruling Justice Gilligan dismissed an application against the bank and said he sympathised with the family but it was clear that they had been receiving advice from a third party from an early stage in their dispute with the bank and such advice was “meaningless as a matter of law” and “totally unhelpful”. He added that he had a difficulty understanding why people seek advice from those outside the legal profession.

The applicants, who represented themselves with the assistance of a non-lawyer known as a McKenzie friend, did not appeal the Circuit Court’s decision to grant an order for possession, neither did they apply for an extension of time to bring their appeal after time to bring an appeal expired.  Had they carried out some or any of these steps, their case would have been aired before at least two courts.

 

Testimonials

CONVEYANCING

“They say house buying is one of the most stressful times of a person’s life. With Liam as our solicitor we never had to worry about any of the legalities in respect of the purchase of our house. He helped us through the entire process and made the whole process very smooth, all be it a few bumps but nothing Liam could not sort out for us.  Anytime we contacted Liam he was always there and nothing was a problem. We definitely will be contacting Liam again should we need any legal advice or help in the future.”

 

FIVE STAR SERVICE

“Professional, meticulous and totally approachable.  Highly recommended.”

 

“I would like to thank you both for your excellent professional services, it was a pleasure to work with you and highly recommend your services.”

FAMILY LAW

Thanks so much for your advice and guidance.

I am relieved for everyone’s sake.

So thanks again Liam.

 

FIVE STAR SERVICE

“Really helpful. Really helped me out with some legal forms last summer.”

 

CONVEYANCING

“Now that the dust has settled and the drama is all but over we would just like to thank you for all your hard work and professionalism during the summer. We very much appreciate your hard work. For what it’s worth, we’re delighted with our new home.  Thanks again for everything and I have you on speed dial for next time we need someone.  Kind regards”

 

EMPLOYMENT

“As a result of a dispute with an ex-employer regarding payment in lieu of notice, I contacted Liam Fitzgerald for advice. I found him to be very accommodating and sympathetic and following an exchange of letters with my ex-employer, I received the payment to which I was entitled. As a single mother, this was very important to me. I have no hesitation in recommending Liam Fitzgerald to anybody who needs legal advice”

 

FAMILY LAW

“Thanks for today, you did a great job, I really appreciate it.”

 

FIVE STAR SERVICE

“Very professional, respectful and accomdative, excellent lawyer in lusk and north county area.”

Data Protection Notice

 

We are Liam R. Fitzgerald Solicitor of Main Street, Lusk, County Dublin, Ireland. You can contact us at this address by post or by email at info@lrf.ie.

Our data protection representative is Liam Fitzgeral.

For people who view and interact with our website, we process data:

 

  • to respond to your query when sent through our ‘contact us’ form
  • to sign up to our newsletter when you request subscription through our website

It is important to note that we do not at present use a contact form on our website nor do we distribute a newsletter.

The legal basis for this processing is our legitimate interest in the administration and operation of our legal services as well as our legitimate interest in marketing and promoting our firm’s legal services. We always include an unsubscribe button in our communications, so you can opt out of receiving such communications at any time.

We share this data with our client relationship management system provider. They may only process this data for the purpose of providing us with their services, and no other purpose.

We will retain this data until we are requested to delete same or it is no longer required for us to carry out our function.

For our potential clients, we process data:

  • in order to market the services of our firm
  • to provide you with legal updates and newsletters to which you have subscribed

It is important to note that we do not at present use a contact form on our website nor do we distribute a newsletter.

The legal basis for the processing of this data is processing necessary for the purpose of the legitimate interests of our firm in promoting our services. We always include an unsubscribe button in our communications, so you can opt out of receiving such communications at any time.

We share information such as your name and email address with our newsletter services provider who sends out our newsletters. This provider is not permitted to use this data other than on our behalf.

We will retain this data for until we are requested to delete same or it is no longer required for us to carry out our function.

For solicitors and barristers that we liaise with on client matters, we process data:

  • In order to liaise with you about our client matters

It is important to note that we do not at present use a contact form on our website nor do we distribute a newsletter.

The legal basis for the processing of this data is processing necessary for the purposes of the legitimate interests pursued by our firm in representing our clients.

We share the information you provide with our practice management system in order to store your contact information with our client file. We may also send you emails through our email service provider.

We will retain this data until we are requested to delete same or it is no longer required for us to carry out our function.

For job applicants to the firm, we process data:

  • to recruit new employees
  • to ascertain your suitability for a specific role

It is important to note that we do not at present use a contact form on our website nor do we distribute a newsletter.

The legal basis for this processing is processing necessary for the purpose of the legitimate interests of our firm in recruiting new staff. Please see the privacy notice in the job advertisement for further information about how we process applicant data.

We share the information you provide in your application with our contracted recruiter in order to make a shortlist of candidates. This recruiter is not permitted to use this data other than on our behalf. We may also send you emails about your application through our email service provider.

We will retain this data until we are requested to delete same or it is no longer required for us to carry out our function.

 

At present we do not transfer data outside the European Economic Area. 

 

At present we only receive third party data where a consent has been obtained to receive that data 

You have the following rights under the GDPR, in certain circumstances and subject to certain exemptions, in relation to your personal data:

• right to access the data – you have the right to request a copy of the personal data that we hold about you, together with other information about our processing of that personal data.

• right to rectification- you have the right to request that any inaccurate data that is held about you is corrected, or if we have incomplete information you may request that we update the information such that it is complete.

• right to erasure – you have the right to request us to delete personal data that we hold about you. This is sometimes referred to as the right to be forgotten.

• right to restriction of processing or to object to processing – you have the right to request that we no longer process your personal data for particular purposes, or to object to our processing of your personal data for particular purposes.

•. Right to data portability – you have the right to request us to provide you, or a third party, with a copy of your personal data in a structured, commonly used machine readable format.

In order to exercise any of the rights set out above, please contact us at the contact details at the start of this privacy notice.

If we are processing personal data based on your consent, you may withdraw that consent at any time. This does not affect the lawfulness of processing which took place prior to its withdrawal

If you are unhappy with how we process personal data, we ask you to contact us so that we can rectify the situation.

You may lodge a complaint with a supervisory authority. The Irish supervisory authority is the Data Protection Commission.

You may browse our website without providing us with any personal data and this will not affect your ability to view our website.

If you do not provide us with your information for the purposes described above, we cannot send your our newsletter, respond to your queries sent through our contact us form, liaise with you on client matters[, insert other potential consequences of failure to provide information] or assess your suitability for a role within our firm

We do not use any personal data for the purpose of automated decision-making or profiling.

Data protection Notice

Useful links

Welcome to the useful links page of the site.

The list of links below is not an extensive list of public links however you may find them useful:

The Court Servicewww.courts.ie

The Insolvency Service of Irelandwww.isi.gov.ie

The Department of Justice, Equity & Law Reformwww.justice.ie

Money Advice and Budgeting Servicewww.mabs.ie

An Garda Síochánawww.garda.ie

Legal Aid Boardwww.legalaidboard.ie

The Irish Prison Servicewww.irishprisons.ie

Free Legal Advice Centrewww.flac.ie

The Probation Servicewww.probation.ie

Keepingyourhome.iewww.keepingyourhome.ie

COSC – Against Domestic, Sexual and Gender-based Violencewww.cosc.ie

National Consumer Agencywww.nca.ie

Department of Foreign Affairswww.eumatters.ie

The Attorney Generals Officewww.attorneygeneral.ie

Citizens Informationwww.citizensinformation.ie

Office of the Director of Public Prosecutionswww.dppireland.ie

Companies Registration Officewww.cro.ie

Office of the Director of Corporate Enforcementwww.odce.ie

Central Statistics Officewww.cso.ie

Property Registration Authoritywww.prai.ie

The Society of Saint Vincent de Paulwww.svp.ie

The Law Society of Irelandwww.lawsociety.ie

Injuries Board Irelandwww.injuriesboard.ie

The Samaritanswww.samartians.org

Employment Appeals Tribunalwww.workplacerelations.ie

The Pyrite Boardwww.pyriteboard.ie

As mentioned above this list is not an extensive list of public websites.  However this list should assist you with most queries.  Please do not hesitate to contact me should you wish to discuss any of these matters further.

I look forward to hearing from you.

Kind regards.

Liam R. Fitzgerald
Solicitor

Liam R. Fitzgerald Solicitor provides general legal services from his office in Lusk, County Dublin.

The practice provides general legal services and advice on various aspects of the law however the practice specialises in the areas of litigation, secured and unsecured borrowing as well as personal insolvency.

Liam R. Fitzgerald solicitor is a previous winner of the Irish Institute of Credit Managers Litigation Specialist of the Year Award. To make an appointment or attend at the office please see “Open Times” tab for more details.

You can find out more about Liam if you click the linkedin icon.  You can also follow the office by clicking on the facebook or twitter icons.

linkedin                       twitter                    facebook

Please see the “Contact” tab to find details of how to contact the practice.

I look forward to hearing from you.

Kind regards

Liam R. Fitzgerald
new profile pic

About

Liam R. Fitzgerald Solicitor

Main Street, Lusk, County Dublin.

To find us please click on “find us”.

email: liam@lrf.ie

Telephone: 01 8438138

Fax: 01 8071957

Contact

The office hours of Liam R. Fitzgerald Solicitor are as follows:

Monday 9:30 a.m. to 5:30 p.m.

Tuesday 9:30 a.m. to 9 p.m.

Wednesday 9:30 a.m. to 5:30 p.m.

Thursday 9:30 a.m. to 9 p.m.

Friday 9:30 a.m. to 5:30 p.m.

Saturday 9:30 a.m. to 12:30 p.m.

It should be noted that appointments can be arranged for outside of the hours stated above.

Thank you.

Liam R. Fitzgerald.

Office Hours

CONVEYANCING

“They say house buying is one of the most stressful times of a person’s life. With Liam as our solicitor we never had to worry about any of the legalities in respect of the purchase of our house. He helped us through the entire process and made the whole process very smooth, all be it a few bumps but nothing Liam could not sort out for us.  Anytime we contacted Liam he was always there and nothing was a problem. We definitely will be contacting Liam again should we need any legal advice or help in the future.”

 

FIVE STAR SERVICE

“Professional, meticulous and totally approachable.  Highly recommended.”

 

“I would like to thank you both for your excellent professional services, it was a pleasure to work with you and highly recommend your services.”

FAMILY LAW

Thanks so much for your advice and guidance.

I am relieved for everyone’s sake.

So thanks again Liam.

 

FIVE STAR SERVICE

“Really helpful. Really helped me out with some legal forms last summer.”

 

CONVEYANCING

“Now that the dust has settled and the drama is all but over we would just like to thank you for all your hard work and professionalism during the summer. We very much appreciate your hard work. For what it’s worth, we’re delighted with our new home.  Thanks again for everything and I have you on speed dial for next time we need someone.  Kind regards”

 

EMPLOYMENT

“As a result of a dispute with an ex-employer regarding payment in lieu of notice, I contacted Liam Fitzgerald for advice. I found him to be very accommodating and sympathetic and following an exchange of letters with my ex-employer, I received the payment to which I was entitled. As a single mother, this was very important to me. I have no hesitation in recommending Liam Fitzgerald to anybody who needs legal advice”

 

FAMILY LAW

“Thanks for today, you did a great job, I really appreciate it.”

 

FIVE STAR SERVICE

“Very professional, respectful and accomdative, excellent lawyer in lusk and north county area.”

Testimonials

News

€64,000 award after bicycle accident.

A man who suffered a serious back injury, when his bicycle slipped on a road where excessive bitumen sealant had been used in repair work, has been awarded €64,000 by the High Court.  Ms Justice Bronagh O’Hanlon said it was clear the man suffered severe pain and a loss of the amenities of life to a significant degree as a result of the accident.  He was also in extreme pain for nine months and had significant pain and suffering for two years, she said.  The claimant sued the local authority which is responsible for the upkeep of the road.  He also sued the company that carried out work on the road.  Finding both the local authority and the company liable, the judge said it seemed to the court they accepted evidence put forward on behalf of the plaintiff that there was faulty workmanship in terms of the original work on the road and the repair.  A similar incident had occurred elsewhere on the road which had been witnessed by a person who gave evidence in this case, the judge said.  The company carried out the remedial works and did so without ensuring it was done to the correct standard in line with the correct specifications, she said.  Ms Justice O’Hanlon said the council was also negligent because it could have been reasonably foreseen that such patching negligently done, in breach of the regulations, would cause an accident. The council was aware there had been a similar accident on the road, she said.  The court heard about 17 people were cycling two abreast on the hard shoulder, including the claimant who was wearing a helmet. As he approached a curve on the road, he was caused to slip and fall from his bike suddenly and without warning.  The judge said the plaintiff had given his evidence carefully and honestly and did not exaggerate his situation.  It was quite clear and there was no real dispute between the engineers in the case that the bitumen sealant was not in accordance with the National Roads Authority specifications.  It was the duty of both the local authority and the company to ensure the contract was fulfilled in line with the specifications, she said. 

€27,500 for boy left scarred after cutting head at crèche 10 years ago.

A four-year-old boy who cut his forehead when he fell off a stool in a crèche has been awarded €27,500 damages 10 years after the accident.  Circuit Court President Mr Justice Raymond Groarke heard that the boy, now aged 14, had been left with a permanent scar on his forehead.  Counsel for the boy said the boy had been attending the creche in February 17, 2009, fell off a stool and struck his head on a sharp edge of a TV unit.  The court was told that after the accident the staff at the crèche told the boy’s mother to bring him to the Hospital where his wound was closed with tissue adhesive and steristrips.  The boy was later diagnosed with an infection of the wound, which had to be washed out and cleaned under general anaesthetic by a surgical team. The barrister for the boy said he had been left with a scar on his forehead.  Judge Groarke, after inspecting the boy’s forehead, said there was a noticeable mark.  Counsel informed the court that the defendants had made a settlement offer of €27,500.  The settlement was approved by Judge Groarke.

Girl who broke ankle in garden of her council house gets €35,000 damages.

A schoolgirl who broke her ankle when she stepped in a pothole while playing in her back yard has been awarded €35,000 damages against Dublin City Council.  The girl told the Circuit Civil Court the incident happened just over 18 months ago when she was 14.  She suffered a non-displaced intraarticular fracture which has a higher risk of developing post traumatic osteoarthritis, Counsel for the girl told Circuit Court President, Mr Judge Raymond Groarke. An intraarticular fracture is a break which crosses into the surface of a joint.  The girl’s ankle twisted in a hole in the tarmacadam surface of the backyard of her local authority home and she was taken to Temple Street Children’s Hospital. X-rays had revealed a fracture and her ankle was later put in a cast for five weeks.  Judge Groarke, who approved the settlement offer of €35,000, heard the girl suffered from a limp for a short while after the incident but had since made a complete recovery.  Counsel for the girl said Dublin City Council was not only the local authority responsible for the area but was the landlord for the development and had an inspection and maintenance function. Complaints had been made to the council prior to the incident about the unsafe condition of the yard.