International Day of Persons with Disabilities

Orla Sheils • 3 December 2020

As we celebrate International Day of Persons with Disabilities, we remind ourselves that not all disabilities are visible.


For many of us, disability is something that we see, usually a physical impairment and if we notice an individual is experiencing difficulty with for example their mobility, we can accommodate their needs making whatever adjustments are necessary to alleviate any disadvantage they may suffer.

Disability however is not confined to a physical impairment and the Disability Discrimination Act 1995 aimed at ending discrimination faced by those disabled, defines disability as “a physical or mental impairment which has a substantial and long term adverse effect on a person’s ability to carry out normal day to day activities”.


Mental impairment could be Depression, chronic pain, a hearing impairment, brain injury, learning differences for instance. Identifying that someone has a mental impairment is not easy and we therefore need to rely on individuals to raise this issue with us and feel entirely comfortable in doing so.

Within the employment department at Donnelly & Kinder, we regularly advise and represent individuals who suffer discrimination on the basis of their disability by their colleagues and employers. Such acts can include offensive comments made, denials of opportunities for promotions or training, dismissals on capability grounds and failures to make reasonable adjustments in the workplace. Whilst most employers are aware of their responsibilities under the Disability Discrimination Act 1995, many struggle when dealing with employees who present with a mental impairment.


Adjusting their premises, acquiring new equipment, allocating certain duties to other colleagues,  is something employers have been doing for nearly 25 years now, however when it comes to dealing with a mental impairment many employers simply do not know where to begin and regrettably some employers do not have any desire to fulfil their duties under the legislation.


For those of you who have a mental impairment and meet the test of disability to be covered by the Act, it is important that you realise that you have rights. Your employer is required to consider whether or not it should make reasonable adjustments to your working environment. It is imperative that you take ownership of the issue and set out what you require to assist your employer, through Human Resources, Occupational Health or expert healthcare professionals in making an assessment. Your employer is required to consider what disadvantage you are experiencing in the workplace, the effectiveness of the adjustment you require and the practicality of the adjustment. Your employer will want to investigate the cost to the business in financial terms and any potential disruption to business activity. If you feel that your employer has failed to make reasonable adjustments for you, you may pursue a legal remedy in the Industrial Tribunal.


For those of us who do not have a mental impairment, today is the perfect time to remember that not all disabilities are visible and to reflect on what we can do personally as colleagues and perhaps employers to support and champion the rights of those who do. It may be something as simple as offering a listening ear to someone diagnosed with Depression, assisting a colleague whose cognitive function is impaired with a memory task, or with their reading, writing a report if they have been diagnosed with Dyslexia.


For employers, the best way to ensure fair treatment of those with a mental impairment and compliance with the law is to include those with a mental impairment in your decision making processes whether that is in monitoring recruitment and selection procedures, training, promotion opportunities and pay structures. Messages of inclusivity need to come from senior members of management with mentoring schemes in place to support individuals with the promotion of role models. It is only by taking these measures which are not exhaustive, that the stigma of having a mental impairment and the “disability gap” will be eliminated.


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COMMON LAW MARRIAGE - THE MYTH

by Ceadhrá Cummings • 10 September 2025
Common Law Marriage – The Myth Are you in a living with your partner but remain unmarried? You may think you are in a ‘Common Law Marriage,’ but in fact, no such thing exists. Unmarried couples do not have the same legal obligations to one another as their married counterparts. Unfortunately, this means that if a separation occurs, a multitude of issues can arise in relation to property and division of finances. Unless assets are held jointly, unmarried couples have limited recourse to an ex-partner’s property, financial assets, or belongings, pension or financial support regardless of the duration of the relationship. If living together with a joint mortgage it is important to recognise that as both parties are named jointly on the mortgage, regardless of who remains living in the property, both are jointly and independently liable for the mortgage payments. This often leaves one partner in a very vulnerable position where they cannot afford to pay the full mortgage and the other refuses to contribute. If you have a joint mortgage and the relationship breaks down, it is often the case that one partner will make financial enquiries to secure a mortgage in their sole name. This is not always possible though depending on financial circumstances. In some cases, it may be possible to make a financial claim against an ex-partner, even if you weren’t married but this will all depend on the circumstances. The legal consequences of living with your partner can be widespread but unfortunately cohabiting couples rarely seek legal advice until the relationship breaks down. This can leave many couples in a stressful and vulnerable situation. You should therefore seek legal advice at an early stage if you are entering into a cohabitation relationship. At this early stage, our office can assist you in drafting a written Cohabitation Agreement on what is to happen in the event of subsequent separation and in so far as it affects property. At Donnelly & Kinder we can provide specialist tailored advice in this particular area of law and provide guidance in terms of dispute resolution, division of assets and all aspects of child law for married and unmarried couples alike. Please contact info@donnellykinder.com or phone us at 02890 244 999 for more information.

Complex Personal Injury Claims

by Shauna O'Hara • 18 August 2025
Why Complex Personal Injury Cases Require Specialist Expertise Personal injury law is constantly evolving. In 2025, complex personal injury claims involving serious injuries, industrial diseases, and medical negligence are becoming more common as low-value claims decline. If you or a loved one is facing a complex injury claim, understanding why specialist legal expertise matters can help you secure the best outcome. What Are Complex Personal Injury Cases? Complex PI cases often include: Catastrophic injuries such as brain or spinal damage Industrial disease claims (e.g., asbestosis, mesothelioma) Medical negligence and delayed diagnosis cases Claims requiring expert medical evidence Situations with multiple defendants or complex liability These claims usually involve high-value compensation and require in-depth legal and medical knowledge. Why Choose a Specialist Personal Injury Solicitor? 1. Expert Medical Knowledge and Case Preparation Specialist solicitors collaborate with medical experts to interpret clinical evidence and build strong cases that support maximum compensation. 2. Skilled Case Management Handling complex claims demands meticulous organization, coordination of evidence, and meeting strict legal deadlines. 3. Compassionate Client Support Serious injuries often cause emotional and financial hardship. Specialist solicitors provide tailored advice and ongoing support throughout your claim. 4. Maximising Your Compensation From long-term care costs to lost earnings and rehabilitation, experienced solicitors ensure you receive comprehensive damages. 5. Navigating Legal and Procedural Complexities Experienced teams are adept at managing negotiations, court proceedings, and interactions with multiple insurers or defendants. Real-Life Case Studies Brain Injury and Spinal fractures Claim Following a severe workplace accident, we secured a significant settlement for our client who also had a claim for future wage loss, loss of pension and prejudice on the labour market. Industrial Disease: Asbestosis We successfully represented a client exposed to asbestos at work, tracing liability across several companies to obtain substantial compensation. Accident at work – pelvis and groin injuries The contractor denied he owed any duty to the subcontractor who fell from makeshift scaffolding suffering a ruptured urethra and injuries to his perineum, lower abdomen and back. We secured a six figure sum for him without the need for a court hearing. Frequently Asked Questions (FAQs) How long do complex personal injury claims take? These cases can take months to years due to extensive medical assessments and legal processes. Will my case go to court? Most cases settle outside of court, but your solicitor will prepare to litigate if needed. How is compensation calculated? Compensation considers medical expenses, lost earnings, care needs, pain and suffering, and future financial losses. Contact Donnelly & Kinder for Expert Personal Injury Advice If you’re dealing with a complex personal injury claim, you need a solicitor with specialist knowledge and experience. At Donnelly & Kinder, we combine legal expertise with compassionate client care to secure the best results. Call or email us today for a free, confidential consultation

FIRST TIME BUYERS

by Céadhra Cummings • 17 June 2025
Are you buying your first home? If you are a first-time buyer searching for your first home the process can seem daunting and overwhelming. At Donnelly & Kinder our experienced team have been providing expert conveyancing services for over 20 years, and we can help make the process as seamless as possible. The process of buying your first home begins with the Estate Agent. Once you have viewed the property of your dreams you will need to make an offer with the Estate Agent. Once your offer is accepted you will then be asked to provide the Estate Agents with our details. We will then receive the details of your purchase, and we can begin our work. If you are obtaining a Mortgage to assist with the purchase, our experienced team can point you in the right direction. Appointing a Mortgage Advisor may assist you at this stage and we would be happy to refer you to a local and reputable Mortgage Advisor. Once your Mortgage Offer is received, we will also act for your Lender in the transaction. We ensure that you thoroughly advised as to the legal implications of a mortgage so that you can make the best decision possible. Additionally, if you are using a Help to Buy ISA or a Lifetime ISA to assist with your purchase, we will use our experience and expert advise to guide you. We have a wealth of experience when it comes to ISAs and we can advise you what steps are taken to ensure these funds, together with any bonuses due, are drawn down accurately and in a timely manner. We will then liaise with the Seller’s Solicitor requesting Title Deeds and a contract for the property in sale. Our expert team will then review all documentation received and raise any relevant queries. Once we have received everything that we need to satisfy us in respect to the Title to the property, we will then arrange an appointment to meet with you. At this appointment you will be provided with a fulsome report on title, and we will take you through everything you need to know. At this meeting you will sign the Contract and your Mortgage documentation. We will also discuss a completion date that suits both you and the Seller. We will release the signed Contract to the Seller and await the returned countersigned Contract. Once all parties have signed the Contract and it is returned, it is legally binding. We will request your Mortgage Lender sends us your Mortgage funds on completion date. On the date of completion, we will forward these monies together with any additional monies required from you to complete. Once the purchase funds are received by the Seller’s Solicitor they will authorise the release of the keys to you. Once this happens, you can collect the keys to your new home! We can make the first-time buying process easy for you. Contact our office by phone at 028 9024 4999 or email us at info@donnellykinder.com.