Our principal solicitor talks about the new road map for Irelands come back after coronavirus:

Our principal solicitor talks about the new road map for Irelands come back after corona virus:

Since our Taoiseach’s announcement on Friday last we have taken some time to reflect on points made and our nations new road map as a way out of this pandemic. Overall we found Leo’s announcement somewhat encouraging as we now have some date milestones and projections as a nation to follow. Having some sense of an ending is encouraging from both a business and social point of view.

At Joyce & Co we have been very lucky to continue our business as an essential service while working remotely, but like others we as a company have also had to make some changes to how we operate. We have had little to no physical meetings with clients. We have operated through phone call’s, emails and through video conferencing to continue our business through this crisis and have aimed to continue delivering the same level of customer service as always. What are our views of this new normal? Take a look below at some key points of interest we wish to discuss.

From a business owner’s point of view one of the main concerns we have is how to maintain the safety of our employees as well as our clients as we begin to roll back into normality. We believe it is necessary for clearer guidelines to be set out by our government relating to sanitation, social distancing measures and standard practices we need to adhere to. From communicating with colleagues and business owners in other industries it appears that this is a concern shared by many who want to ensure they are adhering to these necessary standards. The thoughts of an expert in the area who could perhaps advise on tailored approaches for each individual business to take would be a welcome development.

We hope to continue some measures we have introduced until we have a vaccination in place, and perhaps even after the pandemic has left our lives. One of these in particular is the use of video conferencing calls to meet with clients and talk about issues relating to their legal services needs. Of course, in some cases contract signing will always be necessary. However, we believe this can be done in the safest way possible whilst continuing social distancing measures. We would encourage all those who can to continue the use of these new ways of communicating where possible until we can be sure we are safe from the spread of Covid-19.

Financial supports such as the Wage Subsidy Scheme and the Enterprise Support Scheme have been great initiatives made by our government to help businesses stay afloat and to keep that essential link between employers and employees while businesses remain in somewhat partial hibernation. While hindsight will no doubt provide a clear lens down the tracks, our government’s week to week decision-making in how they have managed the challenges of this pandemic has been proactive. Their communication has to the nation has also been detailed and transparent.

Supporting Local is something we believe everyone should be participating in once restrictions begin to roll backwards and it is something we will be doing, especially with our neighbors on Washington Street and around Cork City Centre.

Our economy has suffered and will continue to suffer for the coming months; but forecasts suggest we there is a road back which is something to be positive about.

With a roadmap in place it allows for businesses like ours to now plan ahead. We wish all other businesses the very best in these challenging times. We welcome the sharing of ideas in what is a time where innovative thinking has really come to the forefront and will ultimately dictate survival and future successes for many. We have tried things ourselves during the past few weeks to keep the fire burning. Some initiatives have worked well while some haven’t had the same traction. We will continue our efforts to provide our customers with a high level of service. Stay in touch. Pull together. Support one another.



The question for many businesses is whether their insurance covers losses arising from COVID-19


Many businesses throughout Ireland are now facing the human, social and economic implications of COVID-19. The pandemic has caused businesses such as retail outlets, bars, restaurants, and hotels to suspend their operations. There is an understandable concern about the financial losses incurred as a result of COVID-19 and many businesses will now be looking to their insurance to cover the financial losses.


Business Interruption Insurance and Covid-19

Business interruption policies (sometimes referred to as consequential loss, or loss of profits policies) are policies of indemnity that provide cover for loss resulting from the interruption to an insured’s business as a result of physical damage to the insured property. Typically, business interruption insurance policies will not provide cover for losses resulting from infectious diseases unless specific business interruption extension is included in the policy.

The wording contained in each policy of insurance will be significant in determining if insurance companies are obliged to accept liability on an insurance claim for business interruption. Some insurance policies provide non-physical damage extensions to their business interruption cover and in certain instances may cover loss resulting from interruption to the insured’s business as a result of an occurrence of a notifiable human disease.

Where a policy provides cover for an outbreak of an infectious disease, an insurer may be expected to meet claims where the loss arises from an outbreak of an infectious disease on the property or where the business is restricted from trading by government as a result of such an infectious disease.  Whether a policy will offer this kind of cover will very much depend the specific facts of the case and specific wording of the policy in issue.


Business Restrictions and Closures:

Certain policies may not expressly address losses resulting from the outbreak of an infectious disease and may instead only expressly provide cover for financial losses resulting from interruption to the business due to restrictions or closures imposed by public, local or government authorities. Policies may contain a prevention of access clause and this in turn could provide cover for a business interruption claim during a pandemic.

Our advice is each policy of insurance is different and businesses should have their policies examined to clarify if it has any cover for losses arising from the current crisis and establish whether the present circumstances trigger the cover provided under the relevant insurance policy. It is important to remember that if there is a potential insurance claim, the terms of the policy must be followed including the appropriate notification of any claim arising from the policy. An insurer may not indemnify a business where policy requirements relating to notification and loss management are not strictly adhered to by the business.

In the event of a dispute over whether COVID-19 triggers business interruption coverage, legal action may need to be threatened or required to compel performance of the contract of insurance and ultimately compensate the business once losses are ascertained.


How can we help?

The team here at Joyce & Co Solicitors can assist businesses in addressing their questions and concerns relating to insurance cover and advise on a wide range of issues a business may face during the COVID-10 crisis.

For further information and expert guidance regarding a business interruption insurance claim please contact



Have You Been Involved In A Road Traffic Accident? – What To Do Next.

Steps to take when you are involved in a road traffic accident to
When you are involved in an accident there are many thoughts and emotions a person goes through, we have put together a step by step guide to help if you find yourself in this situation.

Call the police – If you are involved in an RTA, be sure to contact An Garda Síochána if possible so that they can attend the scene. It is helpful that An Garda Síochána are given the opportunity to take details and make an assessment of the scene on the day.
Do not drive yourself immediately after the accident – Often after an RTA people find themselves in a state of shock. Try to have somebody else collect you from the scene if at all possible. In some circumstances, medical assistance will arrive at the scene.
Seek medical assistance – It is common for some injuries that result from RTA’s not to be immediately apparent. Injuries sometimes come to light after the first 24 hours following the accident. Don’t assume you are fine and do seek medical attention early on if you have been in an accident. See your GP if necessary go to Accident & Emergency.
Notify your employer – Tell your employer that you have been in an accident. This will allow them to monitor your wellbeing and if necessary to allow you to take time off work or even adapt your role while you recover.
Keep receipts – Following an accident, you will need to see professionals such as doctors, physios, acupuncturists, etc and will have various expenses such as medicines, travel and other out of pocket expenses. These receipts will form part of your claim for compensation. Out of pocket expenses are termed “Special Damages” in the context of a personal injuries claim.
Consult your solicitor – Discuss the accident with your solicitor. We at Joyce & Co Solicitors are experts in the area of personal injury claims. If you are injured from a Road Traffic Accident which was not your fault we can advise you throughout and manage your claim for you. The initial consultation will allow you to have an idea of what will be needed from your side as well as what steps lie ahead as part of a claim.
Have a medical assessment with your doctor – Normally, a claimant’s first medical report will be written by their GP. Your GP will need to assess you at their clinic to be in a position to write that report.
Your solicitor obtains a report from your doctor – Your solicitor will take up a report from your GP and will check over this report with you. That report can then be used by your solicitor to commence the PIAB (Personal Injuries Applicant Board) process.
PIAB Application – Form A must be completed. This is done in conjunction with your solicitor. Form A is lodged with PIAB.
The respondent to your claim is given 90 days to consent or not to consent to having the matter assessed by PIAB. If 90 days elapses with no response from the respondent, it is taken that the respondent consents to having the matter assessed by PIAB.
You will see a doctor nominated by PIAB during the PIAB process. This doctor is an intermediary engaged by PIAB to assist them in assessing the value of your claim.
Additional medical reports – Depending on the nature of your injuries, your GP may refer you to specialists in other areas of medicine. Should that be the case, your solicitor may obtain a medical report from that practitioner.
Loss of earnings – PIAB will send your solicitor a certificate of loss of earnings. If you are a PAYE worker, this must be completed by your employer in the event that you have suffered lost wages following an absence from work as a result of your injuries. If you are self-employed, any loss of earnings must be calculated and signed by your accountant.
Special damages – All out of pocket expenses you have incurred as a result of the accident are set out in a schedule of special damages. This schedule is completed and given to PIAB together with all receipts.
PIAB Assessment – PIAB will make an assessment of the value of the claim. This assessment will be sent to both your solicitor and the respondent (or their insurers in most cases). Both parties must decide whether they wish to accept or reject the assessment made. The respondent has 21 days to communicate their decision. You, the claimant, have 28 days to communicate your decision. This is a time where your solicitor can advise you on your options and whether in their opinion the assessment made by PIAB is a favourable one. You will be advised but the final decision rests with you.
If you accept the PIAB assessment, and the respondent also accepts the assessment, a “Notice To Pay” will be issued by PIAB instructing the respondent to pay you the amount of the assessment.
If either you or the respondent reject the PIAB assessment, an authorisation will be issued by PIAB allowing the matter to proceed through the courts system.
A barrister will be engaged to assist in the court process. A personal injury summons will drafted and checked with you. Once in order, this can be issued in the courts and served on the respondent.
The matter may proceed towards court hearing or may settle at an earlier stage. At each part of the process, you will be advised by Joyce & Co Solicitors as to what we feel is in your best interests. The aim is to maximise your award while providing an efficient and transparent service to our clients.

At Joyce & Co. we are experts in the field of Personal Injury Claims due to road traffic accidents, reach out to our team where we can talk through the processes with you.

e: info@joycecosolicitors.ie

Personal Injury Claims – What you need to know

Learn about personal injury claims in this comprehensive blog post.
Take a look at some of the most common personal injury claim FAQ’s we receive. By reading these FAQ’s we hope you may find the answers you need relating to personal injury claims.


Our team here at Joyce & Co., Solicitors provides specialist advice and representation on all types of personal injury claims including road traffic claims, public liability claims, accidents at work, product liability, and medical negligence claims. Our team here at Joyce & Co
Solicitors are experienced and equipped to guide you through the claims process and are committed to working with you for the very best results in your personal injury claim.

What is a Personal Injury Claim?

A personal injury claim is a process whereby the injured party (“the claimant”) seeks compensation for injury or illness that has resulted from the fault of another person (“the wrongdoer’)

In order for a claimant to recover compensation from the wrongdoer arising from an injury or illness, it will be necessary to establish that the wrongdoer owed you a duty of care, that the wrongdoer was in breach of their duty of care and thereby caused the injury suffered by you.

Are there different types of personal injury Claims?

There are many different instances where a Personal Injury claim may arise and the following are examples of the most common incidents

Road Traffic Accidents

Car Accidents
Pedestrian Accidents
Bicycle Accidents
Hit and Run Accidents
Passenger Accidents
Motorway Collisions
Motorcycle accidents
Rear-End Collision

Work-Related Injuries

Farm Accidents
Construction Accidents
Defective Equipment
Poor Lighting Accidents
Falls from a ladder
Repetitive strain injuries
Manual Handling Injuries
Work-related illness

Public Liability Accidents

Slip and falls in a public place
Accidents caused by spillages
Accidents caused by wet floors
Slip and fall in Public a place
Trip and fall in a public place
Food poisoning from a restaurant

Are there time limits for the notification of a claim?

The law in Ireland says that personal injury claimants should notify the wrongdoer of your intention to bring a claim within one month of the accident unless there is a good reason not to do so.

What are the time limits for a Personal Injury Claim?

A personal injury claim must be initiated within two years from the date of knowledge of the person’s injury. However, it should be emphasized that this limitation period may be shorter or longer depending on the nature of your case. If you have suffered an injury, you should contact our team at Joyce & Co Solicitors as soon as possible.

What is PIAB?

PIAB is the Personal Injuries Application Board. When you are making a claim for personal injuries, this is the first stage of the process. Joyce & Co Solicitors are experienced in making applications to PIAB on behalf of claimants.

How do I bring a Personal Injury claim?

A. Obtain specialist legal advice:

It is important that you seek legal advice in relation to your personal injury claim so as to ensure that you are fully informed in relation to your rights and entitlements. We believe this is important before reaching any settlement with any insurance company because a settlement without the appropriate legal and medical advice might not adequately compensate you for your injuries and losses.

B. How does one start the claim process?

Our team at Joyce & Co. Solicitors will discuss your case with you and if you have a claim, our team will send the appropriate letter to the person you believe caused the injury within one month of the accident or injury. If you have suffered an injury, it is advisable that you seek legal advice as soon as is possible following your injury so that a letter can be drafted by a solicitor on your behalf.

C. How much information will be involved in my claim?

Our team at Joyce & Co Solicitor will advise early on in terms of the information that you will require as each scenario is different. It is very important that you consult with our team as soon as possible to discuss your case so that we can advise you. As a general guide, the following information will necessary for your solicitor to prepare your personal injury case:

(i) Details of the person(s) responsible for your accident and/or injury;
(ii) Details of any witnesses to your accident;
(iii) Details of any members of An Garda Siochana that attended the scene;
(iv) Details of your costs associated with your medical treatment;
(v) Details of your treating doctor;
(vi) Details of any loss of earnings and details of any future loss of earnings;

Our team will also write to your treating General Practitioner or treating consultant, as the case may be, requesting a report in relation to your injuries, the treatment you have received and the general prognosis relating to both the duration and extent of your injury.

D. What happens with the PIAB application?

(i) Submitting Application
Once all the relevant information is gathered, our team will prepare the necessary application to PIAB along with the necessary evidence and supporting documentation. Once the application is submitted with the appropriate documentation, the application will be acknowledged and this then stops the 2-year time limit in order for your application to be assessed by PIAB.

The person responsible for your injury, the Respondent, then will be notified and has 90 days to agree to permit the PIAB to assess your claim. If the Respondent does not agree to this assessment, PIAB will issue you with an Authorisation allowing you to take your claim through the Courts.

(ii) Assessment of Claims by PIAB:
PIAB in assessing your claim and ultimately determining the amount of compensation appropriate to your case will have regard to the ‘Book of Quantum’. The Book of quantum provides guidance in relation to the amounts that may be awarded for an injury.

PIAB in assessing a claim will consider the medical report(s) submitted and the documentation furnished in addition to your application. PIAB may refer you to specialist doctors for their expert opinion in order to assist with the assessment of your claim.

PIAB will assess the appropriate compensation to be awarded, having regard to the ‘book of quantum, arising from your physical and psychological injuries. PIAB in their assessment will also take into account matters such as:

 Loss of earnings arising from your injuries;
 The associated medical costs;
 Future medical costs in relation to your injury;
 Any travel expenses that have directly resulted from your injury

Once an assessment has been carried out by PIAB, an offer of compensation will be made to you. You will have 28 days to decide whether or not you wish to accept this offer, and failure to respond in this time will result in an automatic rejection of the offer. The person responsible for your injuries has 21 days to accept or reject the offer of compensation.

The Team here at Joyce & Co Solicitors will discuss the offer of compensation with you and advise you on:

a. Whether the compensation offer adequately compensates you for your injury and loss;
b. The type of award that a Court is likely to award in your case from our own experience;
c. Whether the PIAB assessment should be accepted or rejected.

If both the Claimant and the Respondent accept an offer of settlement, then your case will be considered settled and the Respondent will be required to pay you your compensation.

Once a case is settled in a full and final settlement this means that you cannot revisit the case again and therefore it is important that the offer of compensation adequately compensates you for the damage and the remaining recovery time.

However, if one of the parties rejects the assessment, then the Claimant is permitted to bring Court proceedings and here a Judge will decide the outcome of your case. If your case proceeds in Court, the team here in Joyce & Co. Solicitors have the experience and knowledge to obtain the best outcome in your case through settlement, negotiation, mediation, or through an award of the Court.

Contact Joyce & Co Solicitors

If you’ve been in an accident that wasn’t your fault and you wish to make a personal injury claim, please get in touch with Joyce Co Solicitors. With over 20 years of experience negotiating personal injury claims, our team can advise you on the best course of action for your personal injury claim.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Citizenship Ireland – Everything you need to know!

There are many benefits associated with obtaining Citizenship in Ireland and there are equally many reasons a person may wish to seek Citizenship. These immigration processes can take some time, being prepared gives you the best chance of receiving a positive result.

Am I eligible to become a Citizen of Ireland?

Here are a couple of eligibility factors;
A person with 60 months lawful Reckonable Residency in the State
If you are living on the island of Ireland for three years or more and married to an
Irish citizen for three years or more
If you are of Irish descent or have Irish associations
You must be over 18 years old or if under 18 you are married
Meet relevant requirements for residency
Are of good character
Will attend a Citizenship ceremony and make a declaration of fidelity to the state
The most common type of Citizenship in Ireland application is one based on 5 years of
“Reckonable Residence” in Ireland, having Reckonable Residence in general terms is having a stamp 1, stamp 3, or stamp 4 permission to be in Ireland. When persons having 5 years on any of these stamps or a combination of these stamps that allows a person to apply under the “5-year rule” (subject to other factors).

If a person is married to an Irish Citizen and has resided with Reckonable
Residence in Ireland for 3 years or more that person may also be eligible to apply.

A question we often get asked is whether a Stamp 2 student permission counts towards an individual’s 5 years in terms of Reckonable residence. The simple answer is No, it does not count.

Being thorough in preparing the paperwork for a Citizenship application is of great importance.

As part of every application, we prepare a detailed cover letter to go with all documentation. This cover letter outlines an applicant’s history in Ireland and explains why we feel they are worthy applicants for Irish Citizenship.

That cover letter is also used to explain any answers on the application form that need further explanation and background context. Everyone’s situation is different, and therefore every application is different.

As part of every application, we hold an initial consultation with our clients to go through their background and of course, to advise firstly whether we feel they are indeed eligible to make an application for Irish Citizenship.

Following that consultation, we issue our clients with a letter of advice on their situation which includes a list of documents that they must then prepare and provide to us to enable us to start putting their application together.

We stay in touch with the client throughout the process and work with our client to provide all follow-up information and documentation required by the Citizenship office.

We appreciate how important this application is for a person and we are very much “Right by their side” throughout the process.

When a person’s application is successful we will receive a letter notifying us that the Minister for Justice has decided to grant their application. At that point, we assist a person in sending the relevant paperwork to arrange for their “Citizenship Ceremony”.

After that, it is a case of waiting for your date and enjoying the day of celebration.

To book a consultation with our immigration team you can email us
via info@joycecosolicitors.com, call us on 021-4270391, or send us a DM via our social channels.