Obfuscation, delay and cost – the HSE cyber attack debacle
On the 27th February last, O’Dowd Solicitors LLP brought 4 motions in Cork District Court against the HSE. The motions related to the persistent failure of the HSE to deliver a defence to proceedings issued by the firm following to the 2021 Cyber Attack on the Health Service.
The purpose of a “motion” of this nature before the Court is to compel a party to comply with the Court Rules. Such a motion cannot be brought without ample warning to the party being motioned to “get their house in order”, so to speak. In the case of our four sample cases against the HSE, O’Dowd Solicitors had been warning them on multiple occasions since last September.
The outcome of the hearing on the 27th February was that the HSE agreed that they would deliver a defence on all four motions within the 5 weeks, or in early April. They also agreed to discharge the costs of the plaintiffs in line with normal practice.
The above happens day in, day out, in dozens of District Courts throughout the Country. What is unusual however is that to date, the HSE (to our knowledge) has not attempted to deliver any defence in any action against them from the events flowing from the 2021 Cyber attack.
The four cases from last Friday are not high value cases. They are issued in the District Court, where the maximum value is €15,000. The manner however in which these cases are being defended
Treat courts with respect or legal system falls apart
As lawyers we are accustomed to accepting directions and orders from the court whether we like them or not, writes solicitor Micheál O’Dowd.
We advise our clients of the perils of disobeying a court order on a daily basis.
Threats of damages, fines, and the prospect of going to jail will suffice for most.
The courts are treated with respect, as they should be, because if they were not the legal system would fall apart.
Read more on the Law Society Gazette: Treat courts with respect or legal system falls apart
The Importance of Making Wills: Risks & Consequences
Introduction
Making a will is one of the most significant steps an individual can take in ensuring that their wishes are respected after their passing. Despite the importance of making a will, people seem to think about them straight after Christmas, or before going on a foreign holiday. Having a good time is clearly perceived as a dangerous business.
While there is something of an urban legend in some quarters that the state will take a significant amount of your money on death if you don’t have a valid will, this is not true. The state will do its best no matter what, but there may be unintended consequences to not having a will.
What is a will?
A will is a legal document that sets out how a person’s assets and property should be distributed after their death. It can be drafted formally by a solicitor, or written on a napkin, and will be equally effective provided it complies with the formalities in the Succession Act. It goes without saying the chances of the will being properly executed in a Solicitor’s office are immeasurably greater than in a canteen, on a napkin.
If you do not have a will your assets will pass according to the rules of intestacy, which are surprising in themselves. For instance, few will know that if you pass away and have children your spouse will only inherit 2/3rd of your estate and your children will inherit the remaining 1/3rd between them.
The Perils of “Non-Bank” Lenders
The word mortgage comes from the old French “mort gage” or slightly ominously; “death pledge”. The death refers to the pledge ending, or dying, when either the obligation to pay is fulfilled or the property is taken through foreclosure. Most people when taking out a mortgage will feel they will be substantially closer to death by the time its repaid.
In recent years, Ireland’s mortgage-lending landscape has evolved from dealing with a slightly foreboding bank manager inhabiting something that might resemble a mausoleum to something very different. The marketing of mortgages these days seems quite snazzy, and all the products seem to offer to fit your lifestyle; whatever that might mean. Mortgages however are however thoroughly boring products of necessity. It is worth however noting the distinction between the traditional banks and the newer “non bank lenders”, as it is not always clear, and brokers don’t always wish to dwell on the differences.
In recent years a number of non-bank lenders have entered the market alongside the more traditional banks. ICS, Avant, Nua Money, Finance Ireland, and MoCo stand out. The biggest different between both the bank, and non bank lenders is the existence of a branch network, or savings infrastructure. Some might argue that Avant or MoCo are akin to traditional banks as they have infrastructure abroad, but I would not tend to agree as they don’t have any real physical commitment to Ireland and leaving the market like Ulster or KBC before