Stephen Kelly Law

Medical Negligence

Patients are entitled to medical care that meets an acceptable professional standard, whether treatment is received publicly or privately. While medical procedures carry inherent risks, this does not excuse care that falls below what a competent practitioner would provide.

Signing a consent form does not remove your right to bring a claim where negligent treatment has caused harm. Medical negligence claims require independent expert evidence to establish whether the required standard of care was breached.

Stephen Kelly Law provides clear, focused advice to help you understand whether a medical negligence claim may arise and how best to proceed.

Personal Injury

Personal injury claims exist to secure fair compensation where you have been injured due to the negligence or conduct of another party. Claims are first assessed by the Injuries Resolution Board in line with the Personal Injuries Guidelines.

Any recommendation made by the Board is not binding unless accepted by both sides. Where agreement is not reached, the claim may proceed to court, making early and informed legal advice essential.

Stephen Kelly Law guides clients through each stage of the personal injury process with clarity, discretion, and strategic insight.

Defamation

Your right to your good name is protected by the Irish Constitution. A statement may be defamatory when it is communicated to a third party and damages a person’s reputation in the eyes of reasonable members of society. However, the truth is a complete defence, even where a statement is unflattering.

Defamation cases require careful judgment. The seriousness of the allegation will influence potential damages, but also the cost, risk, and complexity of proceedings. There is no civil legal aid available for defamation matters, making early and realistic legal advice essential.

Stephen Kelly Law advises clients on whether and how to pursue defamation claims, helping them balance the need to vindicate their reputation with the practical risks involved.

Criminal Defence

Anyone accused of a criminal offence is entitled to legal representation at every stage of the process, from Garda detention and questioning through to trial and appeal. Early legal advice is critical, particularly during Garda interviews, where decisions made can have lasting consequences.

While free legal aid may be available depending on financial circumstances, it is not automatic. Criminal cases may be heard before the District Court, Circuit Court, or Central Criminal Court, depending on the seriousness of the charge, with jury trials required in the most serious matters.

Stephen Kelly Law provides clear, strategic criminal defence advice, ensuring clients understand their rights, options, and the implications of each decision before them.

Real Estate – Landlord & Tenant Rights

Residential tenancies in Ireland are now highly regulated, with strict rules governing deposits, tenancy duration, and student accommodation. Both landlords and tenants must comply with detailed statutory requirements, and even small procedural errors can have significant legal consequences.

Where a dispute cannot be resolved, it is determined by the Residential Tenancies Board (RTB). Matters are first decided by an adjudicator and may be appealed to an RTB Tribunal. Tribunal decisions are final unless appealed to the High Court on a point of law, meaning the court will only assess whether the RTB acted lawfully and within its powers.

Evictions are a particular area of concern. A tenant may be lawfully evicted even where rent is fully paid, including where a landlord intends to sell the property or requires it for a family member. However, strict notice and procedural requirements apply, and failure to comply may render an eviction invalid.

Stephen Kelly Law provides practical, clear advice to landlords and tenants on RTB disputes, eviction notices, and tenancy rights, with flexible billing options available to suit individual circumstances.

Data Protection & GDPR

Since the introduction of the General Data Protection Regulation (GDPR), data protection law has become a central concern for both individuals and organisations. As the GDPR is principles-based, it allows for flexibility but also creates uncertainty and misunderstanding, which can lead to both under-compliance and unnecessary over-compliance.

The GDPR requires that personal data is processed on a clear legal basis, such as consent or contractual necessity, and that the processing is proportionate and limited to what is genuinely required. Where personal data is exposed in a security breach, it may need to be reported to the Data Protection Commission, depending on the level of risk involved. Compensation may be available in some cases, but it is not automatic.

Data protection law also provides important rights, including the right to access your personal data and the right to seek erasure of inaccurate or no-longer-relevant information. These rights are not absolute and must be assessed in context.

Stephen Kelly Law provides clear, practical advice on GDPR rights, data breaches, and compliance issues, helping clients understand their position and take informed action where necessary.