At O’Kane Boyle Solicitors we offer a great range of services for our clients.
Accident & Personal Injury Claims
Injuries caused by the deliberate or negligent acts of a person or a corporate body or as a result of breach of a statutory duty, for example employer’s liability or negligence arising out of a Road Traffic Collision, normally give rise to a claim for damages. The amount of those damages of course will vary depending upon the severity of the injuries, the actual financial losses sustained such as loss of earning and the degree of impairment of future earning capacity.
We can advise you as to whether your injuries are likely to give rise to a claim and if so the merits and possible value of that claim. Negotiations can then be commenced (usually with an Insurance Company) to achieve a satisfactory settlement. If this is not possible we can commence proceedings on your behalf which may ultimately result in the matter being decided by a court.
We can help guide you through the process of buying or selling your house.
We recommend that you contact us as soon as possible after you have decided to embark upon these transactions. We can then give you advice in connection with surveys, and valuations, mortgages, deposits, life assurance, estate agents and a number of other features about which you will need to know.
We shall explain to you in outline the steps which will be involved, from the initial stages of obtaining the title deeds and preparing a draft contract on your sale, to completing the transaction on the date when you move into your new home. Thereafter of course, we shall deal with all the necessary stamping of the purchase deed, registration of your title giving notice of the transfer in the case of leasehold properties, dealing with the issue of a new share certificate where a management company is involved and generally ensuring that all the necessary procedures have been compiled with on your behalf.
If after the transactions have been completed you need to take advice with regard to your obligations under any covenants which may affect the property, the buildings insurance, boundary rights and so on, we are available to assist you.
Divorce, Matrimonial & Children Order (NI) 1995
It is an unfortunate fact of life that not all marriages are successful. When a relationship breaks down it is not unusual for one or both parties to seek to dissolve the marriage or to obtain a Decree of Judicial Separation or Divorce. Normally in such cases it is necessary to decide who is to have residence and care and control of children who are under the age of eighteen. The ownership of the assets of the family including the matrimonial home has to be decided between the parties to the marriage and arrangements frequently have to be made for the continuing maintenance of the children and one of the spouses. Everybody’s circumstances differ slightly and many different factors have to be considered in deciding how questions of residence, maintenance and property are to be determined.
We can also advise you on all of the above as well as Residence, Contact, issues surrounding domestic violence including obtaining a Non-Molestation Order and Occupation Orders, injunctions, Wardships and Adoptions.
Many clients wishing to take proceedings in matrimonial or child cases will be eligible for Legal Aid and assistance can be given by us in completing the necessary forms of application.
Wills, Trusts & Probates
The importance of making a Will cannot be over stressed. Each Will is tailor made for the client, taking into consideration his or her personal financial circumstances, family and commitments and the possible incidence of taxation and in particular inheritance tax.
After a death it is important to those who are left behind that the estate is administered with sympathy as well as with efficiency. It involves obtaining valuations of all the assets or the estate, agreeing the tax liability, applying for the grant of Probate (or letters of administration in the event that there is no Will) and then with the benefit of that Grant gathering in the assets of the estate and administering them according to the will or according to law as the case may be. In many cases a trust may arise under the provisions of a Will or an intestacy and that trust could last for many years. It will normally require the advice and assistance of a solicitor and in many cases a skilled financial adviser.
In dealing with the personal affairs of clients it is appropriate to mention Powers of Attorney or Controllership. These are normally granted to enable relatives, friends or professional advisers to administer the affairs of elderly or infirm persons who, for whatever reason, are unwilling or unable to manage their own affairs.
Leases and Tenancy Agreements
Leases and Tenancy Agreements cover a wide range of situations and can vary from medium term leases of commercial premises such as department stores, office blocks and factory premises, to shorter term leases of shops and offices, domestic leases for the letting of a house, short term tenancy agreements, agricultural tenancies, tenancies of allotment gardens and even licences to occupy.
The law relating to landlord and tenant in both business and domestic properties is extremely technical and the regulations relating to them must be strictly observed if the client’s interests are to be best protected.
We can advise and prepare leases and tenancy agreements for you whether you are a landlord or tenant, deal with rent reviews, renewals, claims for dilapidation’s, proceedings for possession, arrears of rent, breaches of covenant, for example to repair and inure, or to use only in a specified manner and generally advise you on all aspects of your lease or tenancy.
Civil Litigation is the method of resolving disputes or claims between individuals, companies, local authorities and Government departments.
Generally such matters fall into two categories. One is based on contract being an agreement between two or more parties and the other is based on a civil wrong caused by one party or another either deliberately or negligently. The range of disputes based on contract can vary from the relatively minor case of purchase of defective items such as an electric kettle to a multi million pound claim arising as a result of penalty clauses in a building contract. Civil wrongs include cases of personal injury and damage to property and reputation.
If you are involved in a dispute with another individual or company we can advise you on your chances of success and the possible value of your claim. We can negotiate on your behalf and if necessary commence or defend proceedings which, according to the subject matter and the amount of the claim, will be dealt with in either the County Court or the High Court.
Subject to certain conditions Legal Aid may be available to assist you with the costs of presenting your case.
Representation at Court or Police Station
We can deal with Court Summonses and Charge Sheets on your behalf. If you need legal advice for driving and motoring offences we can deal with same and attend to the matter at court if necessary and guide you through the legal process.
Most people will come into contact with the police at some point in their lives. It is important that you have a solicitor to advise you at all stages of criminal proceedings to ensure your rights are protected and that your decisions are based on full and independent legal advice. We can also provide assistance to you if you are required to attend at a Police Station for interview with free legal aid available.
At O’Kane Boyle solicitors we have expertise in dealing with liquor licensing and can deal with Transfers, Renewals, Protection Orders and various licensing matters, as well as dealing with the registration of clubs.
In the case of Builder clients this may also involve granting to a tenant or taking from a landlord a lease of commercial premises and assistance in the very complex procedures concerning renewal, rent, reviews, dilapidation’s and the many obligations normally taken on by a tenant of business premises.
In dealing with business premises we can also offer essential advice on related topics such as town and country planning, insurance, taxation and in the case of builder clients, the many features which must be considered before commencing a development, such as the closure and diverting of roads and rights of way, drainage rights, the making up of roads and agreements with the local authorities, then ten year guarantee certificates to be issued by the N.H.B.C. and a number of other commercial and domestic considerations.