Newstalk Pages
Welcome to the RadioSolicitor NewsTalk pages.The Legal Column is now featured on Global Village where Listeners' legal questions asked and answered on 14th August are now currently being posted and appear below. Please scroll down. Next broadcast of The Legal Column will be at 7:45-8:30pm on 28th August 2010.
 Listeners' questions asked and answered by Brian O'Reilly Solicitor on The Moncrieff Show's Inheritance and Will making special at NewsTalk106-108FM 24th August are now posted. Please scroll down to read.
 Last year, every Wednesday night Brian O'Reilly Solicitor, Senior Partner with B.P.O'Reilly & Co. appeared on NewsTalk 106-108 FM's LateNiteLive with Declan Carty to answer listeners' legal queries. Listeners' questions asked and answered on the show remain posted on this website.
CONFIDENTIALITY! No cases of clients of Brian O'Reilly's law firm are discussed on this site and NewsTalk listeners are free to remain anonymous when they contact the radio station.
The questions asked and answers given are now posted. Please read on:
Indefinite Job Contract
What protection does a contract of indefinite duration give you? I am not a civil servant but a worker in the public sector. Mary. read more
Loud Exhausts
Dil, please ask the Legal Eagle if there is a law against modified exhausts on cars that can be heard from the other side of the world. They do my head in! Dara in Cork. read more
More Noisy Neighbours
Noisy tenants next door. What are my legal rights as homeowner? How can I put a stop to it? Thanks – Dec. read more
Found money on the job
I work in retail. I recently found €200 handed in to the cash office. Nobody has collected it and I thought I would be in line to claim it after twelve months. I was told not. The money will go to “head office”. Is this normal? S. read more
Credit rating problem
I had a problem with a credit card but cleared it off a year ago. I now find my name in the Credit Bureau, which means that I can’t get a car loan or any other loan. How do I get my name off the Credit Bureau? Martin in Westmeath. read more
Reassigning Custody
I am separated from my partner since 2003 but had two kids with her and also have joint legal guardianship of them. Just got married to a very nice lady who is pregnant with my baby. She is very open to my desire to have all kids growing up together. My ex doesn’t work but my wife and I have good jobs with comfortable financial balance. How do I go about getting custody of my children as they are not getting the best standard of living they may likely get if they lived in my house? Dan. read more
Bank Error with €30,000
My nineteen-year-old got a statement from the bank to sat that he has a €30,000 withdrawal from his account which he never activated. We all got a dreadful shock at the time. He was told by the bank that an internal mistake was to blame. Should we have pursued this? Babs, Leixlip read more
Buying out interest in willed property
If a property is left to four persons, can one offer to buy the others out and do they have to accept. read more
Will made by alcoholic parent
If you have an alcoholic parent, can they exclude one child who has no independent means in a will. Michael. read more
Refusal of children to see Father
Joint custody, judicial separation. Do children under sixteen have a right to refuse to go to see their father? read more
Asylum Case Legal Costs
Who pays for the failed asylum seekers’ legal costs in the courts appeal system? Taxi Dave. read more
Anorak Moment open to NewsTalk Listeners
New NewsTalk Legal Competition read more
Bank's Duty of Care
Does a bank owe a duty of care to borrowers, depositors and investors. What is the extent of this duty? BS, Dublin 22. read more
€100 lost to property agent
I had agreed €50 a month to sell my foreign property. I terminated my business with the company but €100 has been taken since last March from my Laser. I get plenty of soft talk but no refund. Ed. read more
Asset split on separation
During separation what is the most likely division of assets? Joint mortgage plus joint savings account, plus very young children, plus wife. Had been higher earner throughout the last few years plus living in house with children. Is it always 50/50 split? read more
Jobs for Apprentices in the Law
Guys – Do you have any advice for a young apprentice? I was meant to go to Blackhall Place in September; however, my firm can no longer send me! Can’t find anything! Dom. read more
Cooker damaged on delivery
I bought a cooker on a promoted price at a main dealer in Dublin. It was all paid for and delivery was included in the price. When delivered one week later, the cooker broke coming off the truck. The retailer now wants to refund me my €200 because it was the last cooker on clearance. The original price was €700 and promoted price was €200. I want a €700 cooker as replacement and not a €200 cooker. Where do I stand? read more
Must I register tenancy with PRTB?
Is it the law strictly to register your tenants with the PRTB. If you don’t want, what are the consequences and is there a big backlog? Thanks. Gene. read more
Who owns farm?
How do I find out who owns a farm? read more
Using Common Ground
Would I have any rights to use common ground lane, running across between the back of my house and the back of another terrace? read more
Solicitor-v-OnLine Divorce Service
Listener Comment "DIY Divorce Bullshit. I had an excellent experience with a DIY service. €650...6 weeks...no problems...and very easy. He’s talking from self interest!!" read more
Rights to Grandmother's Estate
My wife and her mother. Do my daughter and I have any rights when my wife dies? read more
Cost of making a Will
My partner and I have had our first child. I don’t have a will and know little about them. How much does it cost to get one and how do I go about getting it done? read more
State defamed me
I had a letter sent to my mother to say that I had been charged with murder and it was sent by the courts by mistake. Will it be on record anywhere and do I have a case for compensation? She nearly died with fright. Tony. read more
Noisy Neighbours
Noisy tenants next door. What are my legal rights as a homeowner? How can I put a stop to it? Thanks. Dec. read more
Widower/Husband's old Will
I married a widower with grown children. He has a will prior to our marriage, leaving all to his late wife and children. What is the legal position if he dies before making a new will? read more
Clamped on a right of way
I have been clamped a number of times by private clampers in an apartment complex through which I have a right of way. I cut the clamps and the gardai have charged me with criminal damage. What right do the clamping company have of preventing me from earning a living? Regards. Leo Finn. read more
Guaranteed period contract
Hi. If you apply for your terms and conditions for a specified period of your employment, are you entitled to them for that period? read more
Claim on Ex's inheritance
My brother died last month and left a house and farm to my ex. Can I make a claim off her? I got nothing from him (my brother). read more
Status of Business lease after repossession
If the bank repossesses the commercial building I have leased, does my lease still have to be honoured? Thanks. read more
Possible loss of house on divorce
Hi. I got married three years ago. I brought a house to the marriage, which we now live in. I also pay all the household bills since we got married. It’s not working out. Am I going to lose my house if we divorce? read more
Duty for dangerous Roads
Hi. Re road tolls. If I crash or skid on a toll road due to lack of maintenance, that is, gritting, etc., are they failing in their duty of care towards me, the motorist. Paul, Duleek. read more
NAMA bailout for borrowers
Can I get an injunction against my bank to halt NAMA bailout until my bank allows me my NAMA to alter loan duration. Tom Hobbs, Dublin 22. read more
Taxi plying for hire
Is it an offence in law for a taxi to ply for hire? Is it an offence to engage a taxi clearly illegally plying for hire? Eamonn, Dublin. read more
Garda Ticket in private car park
If a car is parked on a private parking space outside a flat without a current tax disc, can gardai issue a fixed-penalty notice? Joe. read more
Pension levy with no pension
I won’t get a public service pension but I have been levied. Is this legal, to impose a levy on people that won’t receive or benefit from the pension? Damien, public service worker. read more
mower damage in a public place
Whilst cutting the grass verge outside my house, am I responsible if a stone is thrown up and damages a person or car? read more
Sister took family property
Can I sue my sister for taking family heirlooms from the family home, which were sold some time ago. She also took my football medals as well as keepsakes of my Mother and Father? read more
Needs Bulgarian Lawyer
Hi. I am just looking for advice on where I could get recommendations on a Bulgarian solicitor. I currently have a solicitor which I was using for a property purchase but because of a breach of contract I am cancelling the purchase but am not happy going ahead with the one I am using? read more
Turbo Defect hidden on sale
Hi Guys. I bought a car from a dealer. I arranged to take a test drive and it was fine. I gave a deposit. When I went back to collect the car it was started and I foolishly thought they were warming it up, as it was bitterly cold. I now know they blatantly did this to cover up a fault with the turbo which rattles for twenty minutes before it warms up. I am devastated and the garage are treating me as if I am a fool, not returning calls and avoiding me. Please advise me. Noel. Thanks. read more
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