Alban O'Callaghan

Alban O'Callaghan

Trainee Solicitor

IFSC, Dublin

Tel: +353 (0) 1 670 2990
Fax: +353 (0) 1 670 2988

Email: aocallaghan@mckr.ie

Experience

Alban holds a Masters in Law from University College Dublin and is due to complete his solicitor training in 2017. His background is in the commercial banking sector

Recently Authored

Construction Industry Regulation Update

6 October 2017

The General Scheme of the Building Control (Construction Industry Register Ireland) Bill 2017 is expected to be implemented in January 2018 under which all building contractors and sub-contractors operating in Ireland will be required to register with the Construction Industry Register Ireland (CIRI). This Register was established on a voluntary basis in March 2014 by the Construction Industry Federation as a means of increasing regulation of the building sector and provide assurance to consumers who engage the services of builders and contractors.

Monitoring of Employees Communications

19 September 2017

On the 5th September 2017, the European Court of Human Rights delivered judgment in the case of Barbulescu v Romania which is set to have far reaching consequences for employers. The decision comes against a backdrop of litigation instituted by the appellant, Mr Bogdan Mihai Barbulescu, in 2007 against his employer following their monitoring of personal communications that he sent over an instant messaging service to his brother and fiancé. Following the appellant’s complaint that his employer’s actions constituted a criminal offence, his contract of employment was terminated.

The Validity of Security

27 February 2017

On the 9th of February 2017 the Court of Appeal gave Judgement on an issue concerning the non-registration by a Bank of a lien arising from an equitable deposit of title deeds, in accordance with Section 73 of the Registration of Deeds and Title Act 2006 (“the 2006 Act).

The Bank had failed to register its lien within the required 3 year period and it was argued by its customer appealing against an Order made in the High Court in favour of the Bank, granting a Well Charging Order and Order for Sale over the secured properties, that therefore, the security had lapsed and could not be enforced.

Concussion and the Law

6 December 2016

The issue of concussion and injury to the brain as a result of impact sustained through sport has become increasingly controversial in recent years.

The emergence of medical data linking mental health conditions such as chronic traumatic encephalopathy (CTE), Alzheimer’s disease and depression to head trauma suffered during high impact sport has resulted in an increasing volume of litigation in which sport’s governing bodies are being held legally accountable for sport related brain injuries.

What is the duty of care of governing bodies to exposing participants to brain injuries?

Pitched Battle

12 October 2016

What is the standard of care owed to those entering the sporting arena – and when do acts committed on the field of play become acts of negligence or criminal assault?

Published in the Law Society Gazette – October 2016

Legal Right To Paternal Leave

18 August 2016

The Paternity Leave and Benefit Act 2016 was recently passed by the Dáil and marks a significant step forward for paternal rights in the workplace. As of the 1st of September 2016, a relevant parent, as defined under the Act, will be statutorily entitled to two weeks paid paternity leave from their employment.

The Law on the use of Faraday Cages in Public Establishments

9 August 2016

A publican in East Sussex, England recently installed a material in the walls of his premises which had the effect of preventing patrons from using their smartphones while inside.

Credit Guarantee (Amendment) Act 2016

5 May 2016

The Credit Guarantee (Amendment) Act 2016 was signed into law earlier this year with the intention of encouraging lending, with a greater assumption of the risks associated with such being borne by the State.

Establishing a Charitable Trust in Ireland

16 July 2015

The Charities Regulatory Authority will determine whether or not an organisation is a charitable organisation, it is a matter solely for the Revenue Commissioners to determine whether an organisation is entitled to the various tax exemptions available to charities.