Litigation Solicitors

Litigation Solicitors
ODonnell McKenna solicitors advise clients on both personal and business related areas of Litigation. We act on a wide variety of matters, including Property Disputes, Breach of Contract, and Defamation and we always aim to obtain the best possible result for our clients, be it through negotiation and settlement, or through a full trial, in as short a timeframe as possible.

Breach of Contract

Contract law concerns voluntary relationships between two or more people and a contract is a legally binding agreement.

Simply put, a contract is a promise that the law can enforce and to be legally valid, there must be:

  • an offer and agreement process involving all parties
  • an intention to create a legally binding contract
  • an agreement to create a legally binding contract
  • something of value for all parties – e.g. one party supplying a product or service,  in exchange for money from the second party
  • enough competency and the legal power for all parties to enter the contractual agreement
  • obligations, liabilities and possibility of performance – e.g. what each party has to do to fulfil their terms of the contract
  • sufficient certainty of terms – i.e. that all the legal requirements and stipulations are known to all parties before the contract is signed.

A contract can either be verbal or written, although a verbal breach of contract will generally be harder to prove. Any type of deviation from the terms of the contract that results in a different outcome from the intended goals can be considered a breach of contract, although there are some exceptions. If any side of the party believes that a breach of contract has occurred, it is best to confer with a solicitor if the two parties cannot settle the problem on their own.

Where a contract is breached, the basic remedy is one of damages – i.e. a payment of a sum of money to compensate for any losses incurred.

Defamation

A claim for defamation in Ireland can arise through a statement which is intended to lower the reputation, or which creates a negative image of the subject in the eyes of right-thinking people.

Your rights

The right to one’s good name is protected under the constitution in Ireland, and the new Defamation Act 2009, which came into force on the 1st January 2010. This introduced many important changes to defamation law and procedures. Defamation comes in several forms, including, calumny, slander, vilification and libel.

Your reputation

Everyone has a right to protect their good name. The value of your reputation cannot be overstated, because a damaged reputation can cause all kinds of difficulties that can seriously affect your working life and your family’s quality of life.

A reputation often takes many years to build, but can be destroyed in moments by careless or inaccurate communication.

How to claim damages

Making a claim for defamation damages in Ireland can be a complex matter, requiring expert judgement and sensitivity. For example, do you simply want your good name cleared, or do you feel you should also be compensated for the damage to your reputation? In certain cases going too far to protect your name can backfire, and in itself have a negative impact.

What can you expect from us?

O’Donnell McKenna Solicitors are very experienced in dealing with all types of defamation claims and we will be able to advise you whether or not you have a valid claim, and what to do next.

Do I have a case?

Before making a claim for defamation damages, please consider the following:

  1. Any defamation claim will be costly and should only be pursued if the person or body who has made the statement has the financial means to pay you damages and costs if your claim is successful. If not, you could be left with a hefty legal bill, despite winning your case.
  2. To take an action you must know precisely what has been said or publicised about you. It is not enough for alleged remarks to have been made. We will need the exact content from you in order to determine whether a defamation has occurred.
  3. The publication of any remarks about you should have been relatively wide. If, for example, an offensive comment was made directly to you, and possibly overheard by a couple of people, this will not usually be adequate grounds for defamation.
  4. You cannot sue for defamation if the remarks made about you are largely true. For example, if you were publicly accused of being involved in criminal activity, but you do in fact have previous criminal convictions, then you could not win your case.

Property Disputes

At O’Donnell McKenna Solicitors we provide advice in relation to all types of property disputes in a practical, cost-effective and commercial way.

Types of property disputes we deal with include:

  • title issues
  • badly drafted deeds and maps
  • boundaries
  • rights of way
  • easements
  • adverse possession
  • beneficial interests
  • breach of lease covenants
  • liability for structural defects
  • deposit disputes
  • dilapidation claims.

The most important first step to take, in order to resolve whatever dispute you have, is to obtain advice and establish your legal position. If you do not do this at an early stage much time and money can be wasted.

We recognise that litigation can be costly and therefore advise clients as to alternative, yet effective, methods of achieving their goal.

If you would like us to help you, or if you would simply like to have a chat to discuss your options, please don’t hesitate to contact us.