Eamonn C. Murray Solicitors Cork - litigation

By: Solicitors Cork  05/12/2011
Keywords: Legally Binding Agreement

Litigation literally means to engage in legal proceedings. It refers to the bringing of a law suit by one party against another to enforce a right. The main areas in which we practice are as follows:

  • Contractual Disputes

  • Landlord and Tenant Law

  • Property Disputes

  • Employment Law

  • Insurance Claims

Contractual Disputes

A contract is a legally binding agreement which means that the terms of the contract must be adhered to. A contract can be made orally, in writing, or by agreement. It can be discharged i.e. brought to an end in four different ways namely; performance of the terms of the contract, agreement between the parties to ignore or relax certain parts of the contract, breach of the contract, or frustration of the contract. Naturally, if there is performance or an agreement is proven, there can be no dispute. However, the performance must be of the contract as a whole. Likewise, if the agreement excludes or relaxes part of the contract, the other part must be fulfilled. Breach is the most common reason for a dispute arising and legal action is often required to compensate for the damage caused. Frustration arises where an unforeseen event occurs which causes the contract to become inapplicable. An example of such an event would be the death or incapacity of one of the parties to a contract.

Landlord and Tenant Law

A lease to rent land, commercial, or residential property should be carefully drafted. A lease is a contract and as discussed above litigation may arise for breach of same. If no lease exists, parties may still enforce their rights through the equitable doctrine of part performance. The Residential Tenancies Act 2004 has made major changes to the law concerning residential lettings. The establishment of the Residential Tenancies Board has helped to solve disputes quicker. However, the act has also placed many onerous responsibilities on landlords which, if not complied with, may cause problems in the future

Property Disputes

You have a right to healthy, peaceful and comfortable enjoyment of your property. Where these rights are infringed you may seek to have these rights enforced and often legal action may be your only option. Property disputes come in many forms and the following are examples of the most common:

  • Trespass

  • Nuisance

  • Adverse possession and boundary disputes

  • Rights of way

  • Specific performance

  • Judicial review of planning and other related matters

  • Breach of a covenant such as the right to quiet and peaceful enjoyment

Employment Law

There is an immense amount of law regulating the employer and employee relationship. The following are examples of some of the legislation in the area:

  • Employment Equality Acts 1998 and 2004

Much of the litigation in this area does not involve the regular court process, with a number of independent bodies established to deal with such disputes. Examples of such bodes include, the Labour Relations Commission, the Labour Court and the Equality Authority.

Insurance Claims

Through the experience gained through sister company O’Shea Insurances; EC Murray & Co have both the insurance ‘know how’ and the legal expertise to get the best results for our clients. We have helped several clients originally refused payment succeed in their claim.

Litigation is often the last resort for parties in resolving disputes. In recent years, there has been a move towards resolving such claims through out of court boards or tribunals. These have been established with the aim of resolving disputes in a fast, proficient and coherent manner. If you have issues in any of these areas E.C. Murray & Co will be able to advise you of your options and help you be successful in your claim.

Keywords: Legally Binding Agreement

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