Litigation and Dispute Resolution
Litigation and Dispute Resolution
The Litigation and Dispute Resolution Team in J.D Scanlon & Co LLP has significant experience in acting for both defendants and plaintiffs in all of the Irish Courts from the District Court to the Supreme Court.
The following are typical types of disputes which we would be happy to assist you with:
- Land Disputes
- Personal Injuries Litigation
- Judicial Review
Land Disputes
Rights of Way (Easements) – This is a right of access and passage over someone else’s private property to get to a certain piece of land. This right attaches to the land itself and issues may arise around whether the right of way exists, the ownership of the right and whether the right is being used correctly.
Boundary Disputes – You may have a dispute with your neighbour over where a boundary begins and ends, or regarding overhanging trees or encroaching building extensions. Unneighbourly conduct such as high noise levels or anti-social behaviour can also be a practical issue for clients.
Landlords and Tenants – Landlords and Tenants have certain rights and obligations under their Lease and under the relevant Tenancy. We advise on issues such as damage to a rented property, unpaid rent or bills by a Tenant, or a lack of services being provided by the Landlord.
Adverse possession – The period of occupation required to make an adverse possession claim on another person’s land is 12 years. You must occupy the land solely and continuously, and you must prove that your intention was to exclude all other persons from using the land. Our team has plenty of experience dealing with these cases and we can advise on the likelihood of your claim being successful based on the facts of the case and the history of the property.
Personal Injuries
If you have had an accident, whether as a result of a road traffic accident, accident at work or a trip and fall then you may be entitled to claim for compensation even if the accident was only partly caused by the negligence of somebody else.
J.D. Scanlon & Co has over 35 years’ experience dealing with personal injuries claims and has represented claimants and defendants in all courts from the District Court to the Supreme Court in Ireland. If you have been involved in an accident we would be delighted to have a consultation to discuss how to proceed with any potential claim.
Judicial Review
Judicial review allows individuals to request a court to review the legality of a State decision.
A judicial review prevents the abuse of executive power by the State and public bodies. It can allow an aggrieved person to take action against the decision of a public body. However, this only applies if there is a ‘public law’ element to this decision.
Please Note whilst every care has been taken with the accuracy of the above, this guide has been prepared for information purposes only and should not be regarded as a definitive legal document. You should always seek the advice of your solicitors on any issues concerning purchases of property and never execute any documents without having first sought legal advice.