Republic of Ireland Law

Republic of Ireland law questions answered by Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

Hi, I was involved in an inheritance case in 2005, in which…

Hi, I was involved in an...
Hi,
I was involved in an inheritance case in 2005, in which land in Galway was ‘frozen’ by my solicitor until the matter went to court. There was a Circuit Court hearing in Loughrea in 2006, where the decision went against me. An immediate appeal was lodged with the High Court due to be heard in 2007. Outside the court on the day of the hearing, an out of court settlement was agreed. My questions are:
1/ would the ‘frozen’ order on the land automatically be cancelled as the Circuit Court decision went against me?
2/ would my solicitor have had to seek a further order for the land to be ‘frozen’ until the High Court hearing. (That is, the period between the Circuit Court judgement in 2006 and High Court hearing in 2007).
3/ if the order was automatically cancelled, would the solicitor for the other side be under any obligation to let my solicitor know that a mortgage on the land was being sought and later granted before the High Court hearing?
4/ if the order would still be place until the High Court hearing, would the solicitor for the other side have to seek permission from me via my solicitor for a mortgage to be taken out?
5/ If permission had to be sought from me via my solicitor, would my solicitor have to confirm consent IN WRITING to the solicitor for the other side before the mortgage could be obtained?
6/ in your experience, when the other side applied for a mortgage on the land, where the claim had yet to be determined, would the solicitor for the other side have to have put anything IN WRITING to the bank to clarify that there was a claim on the land? Would he have also had to include consent for the mortgage from MY solicitor, or would the bank accept a verbal assurance over the phone from him?
7/ at the time of the out of court settlement in 2007, my barrister and I were unaware that a mortgage had been taken out on the land and entered into the settlement without this knowledge. Should, as a matter of course, this have been disclosed by the other side during negotiations?

Many thanks,
Elizabeth
Show More
Show Less
Ask Your Own Republic of Ireland Law Question
Answered in 2 hours by:
10/11/2012
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,201
Experience: Barrister 17 years experience
Verified
1. At the outset you need to realise here that what you really have is a cause of action against your solicitor for negligently failing to register a lis pendens on the land when the land was in dispute. A lis pendens should have been registered against the land to prevent dealings with it, including mortgaging it, so that your position with the litigation would not be prejudiced. Your solicitor clearly did not register a lis pendens with the result that you settled the action to your detriment. You need to realise that the golden rule is that there is nothing to prevent any party to an action dealing with the land during the course of the proceedings. This includes mortgaging it. All lawyers are aware of this fact so special procedures, such as the registration of a lis pendens need to be taken to ensure that the client is not prejudiced.
2. A lot of your questions miss the point. They are really irrelevant. The other side owed you no duty of disclosure that they had taken out a mortgage. The bank giving the mortgage did not have to get your consent merely because you were suing over the land. You and your solicitor ought to have safeguarded your position.
3. YOu need to get yourself a new solicitor to sue the one you litigated the action with. This new solicitor should take up the file from your old solicitor and see what is the true situation. My guess is that your solicitor has not told you the full truth. That is why you are asking questions about the period between the Circuit Court & High Court hearings. You need to act speedily as you only have six years to sue your old solicitor. As at least five years have now elapsed, you need to act promptly.
Please RATE the Answer positively so that I may get paid
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,201
Experience: Barrister 17 years experience
Verified
Buachaill and 87 other Republic of Ireland Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Buachaill Your Own Question
Buachaill
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,201
11,201 Satisfied Customers
Experience: Barrister 17 years experience

Buachaill is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around.

EstherWoodstock, NY

Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know.

RobinElkton, Maryland

He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here.

DianeDallas, TX

< Previous | Next >

Meet the Experts:

Buachaill

Buachaill

Lawyer

11,201 satisfied customers

Barrister 17 years experience

Dublin Barrister

Dublin Barrister

Barrister

158 satisfied customers

BCL (UCD), LL.M (UCD), Barrister-at-Law (Kings Inns)

cmcsolicitor

cmcsolicitor

Solicitor

157 satisfied customers

and Mediator practicing in Cork, Ireland.

INC

INC

Solicitor-Advocate

96 satisfied customers

LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Thomas

Thomas

Solicitor

45 satisfied customers

UK based Immigration Solicitor

Clare

Clare

Solicitor

37 satisfied customers

Attorney

Top_advisor

Top_advisor

Attorney

32 satisfied customers

Solicitor and Attorney

< Previous | Next >

Related Republic of Ireland Law Questions
I'm considering my options in relation to a S160 Planning
I'm considering my options in relation to a S160 Planning injunction based on a misrepresentation of facts by the Respondent. Can you confirm if the injunction is via the circuit court or the high cou… read more
Buachaill
Buachaill
Lawyer
11,201 satisfied customers
HiMy parent died in 1994 and left no will. My mum was granted
Hi My parent died in 1994 and left no will. My mum was granted a letter of Administration but when she went to distribute the property, family home, we realised there are 3 burdens registered in the f… read more
Buachaill
Buachaill
Lawyer
11,201 satisfied customers
Buachaill, i got a very messy personal injuries case i want
Customer: Hi Buachaill, i got a very messy personal injuries case i want a 2nd opinion on … read more
Buachaill
Buachaill
Lawyer
11,201 satisfied customers
Happy to wait response -question relates to the following
For Buachaill happy to wait for his response -question relates to the following dispute A joint land purchase happened 25 years ago by 2 parties on the buying side– Party A and Party B – who purchased… read more
Buachaill
Buachaill
Lawyer
11,201 satisfied customers
Just recently lost a Constructive Dismissal Claim at Eat. Have
Just recently lost a Constructive Dismissal Claim at Eat. Have 6 weeks to appeal to Circuit Court. What would be the average costs and fees for taking the case to Circuit Court? Would a solicitor take… read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers
Hello again,Under a judicial separation order of 2000,
Hello again, Under a judicial separation order of 2000, I was to be given beneficial ownership of 50% of lands on the death of my late ex-husband. Under a divorce court order of 2011, in respect of la… read more
Buachaill
Buachaill
Lawyer
11,201 satisfied customers
Hi I started district court family proceeding looking for guardianship
Hi I started district court family proceeding looking for guardianship and greater access for my two children with my ex partner (we were never married). I took this action as I am currently only allo… read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers
Under a divorce court order of 2011, I was made tenant in common
Under a divorce court order of 2011, I was made tenant in common of 60% of lands and my late ex-husband was given the remaining 40%. He died in November 2012. Probate has been granted to the executrix… read more
cmcsolicitor
cmcsolicitor
Solicitor
Master's Degree
157 satisfied customers
What legal procedures are required to re-visit an outside
What legal procedures are required to re-visit an outside court high court settlement signed by one party ie not mutually signed before presented to High Court Judge for approval? The agreement took p… read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers
is a solicitors undertaking, given to a loan company on behalf
is a solicitors undertaking, given to a loan company on behalf of the purchaser, reasonable in a property sale where the property is subject to court proceedings and the solicitor cannot be sure what … read more
Buachaill
Buachaill
Lawyer
11,201 satisfied customers
What happens at the call over and what do I have to do and
What happens at the call over and what do I have to do and say? If the other side are going to call for an adjournment do they have to submit an application to the registrar in advance? On the day of … read more
Buachaill
Buachaill
Lawyer
11,201 satisfied customers
I am on my way to court and have forgotten to bring the exhibits
I am on my way to court and have forgotten to bring the exhibits for my affidavit with me. Will I need them when going before the registrar? If so, will the Circuit Court Office give me copies?… read more
Buachaill
Buachaill
Lawyer
11,201 satisfied customers
It is my understanding the monetary jurisdictional limit of
It is my understanding the monetary jurisdictional limit of the Circuit Court is limited by The Courts Act 1991 to circa 38,000 EURO. What is the likely outcome in a Family Circuit Court case should t… read more
Buachaill
Buachaill
Lawyer
11,201 satisfied customers
Two Notices of Motion were submitted to the County Registrar.
Two Notices of Motion were submitted to the County Registrar. In the first one, an application was made on behalf of the Applicant for "Permitting the Applicant to proceed with his Application notwith… read more
Buachaill
Buachaill
Lawyer
11,201 satisfied customers
Dear Sir, I joined my existing company in 2006 and in my employment
Dear Sir, I joined my existing company in 2006 and in my employment contract it stated that "you will recieve XXX euro relocation money" secondly in addition my employment contract states I would rece… read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers
Hi I am currently building a house and gave a man a deposit
Hi I am currently building a house and gave a man a deposit for windows he took my money and never delivered the windows. I have reported him to the guards and they can arrest him but cant get my mone… read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers
My sisters bestfriend has accused my sisters husband of groaping
My sister's best friend has accused my sister's husband of groaping her, she said he pulled her pyjamas down and put his finger in her anus, all this apparently, while her young son was asleep beside … read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers
If I bring a High Court case in Ireland and I win the case,
If I bring a High Court case in Ireland and I win the case, what will be my costs (including legal fees).I read that, "Usually if you win your case, most or all of your costs (including legal fees) wi… read more
Dublin Barrister
Dublin Barrister
Barrister
Master's Degree
158 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x