Defamation case summary

The High Court (Reynolds J) recently withdrew a case for the jury to decide after finding that the article, the subject of the High Court defamation proceedings, enjoyed absolute legal privilege as a fair and accurate report of public court proceedings in Kilkenny District Court. Michael Reilly had sued Iconic Newspapers, publishers of the Kilkenny People, over a report in … Read More

Rights of Way Deadline

If your property benefits from a right of way or some other form of easement (e.g. a right for your services to cross a neighbour’s land) that has been acquired informally because of long use, you should carefully consider the implications of the Land and Conveyancing Reform Act 2009 to avoid the loss of your rights. Prior to that 2009 … Read More

New Personal Injuries Guidelines

The Cabinet have approved the new Personal Injuries Guidelines this week in an effort to reduce insurance claims. The exact date the new guidelines will take effect is unknown although it is thought to be as early as April. The guidelines will replace the Book of Quantum and amend the level of damages that may be awarded or assessed in … Read More

Switching Ulster Bank Mortgages

The imminent decision over whether Ulster Bank may exit the Irish market has created some uncertainty for those who hold mortgages with that bank. To date, no decision over whether Ulster Bank will exit has yet been confirmed but we wanted to set out some of the issues that customers may be considering. Any such exit may involve Ulster Bank … Read More

Court of Appeal upholds €65,000 damages award

In contrast to a recent trend of personal injury awards being reduced by appellate courts, the Court of Appeal recently upheld a High Court award of damages for €65,000. Mark Collins has briefly summarised the findings. Case Summary The background to the case is that in December 2015 Aoibhe Naghten, aged ten years old at the time, was injured when … Read More

Personal Injuries Update

The Personal Injuries Guidelines Committee has submitted to the Board of the Judicial Council the first draft of personal injuries guidelines prepared by the Committee pursuant to Section 18 (4), as amended, of the Judicial Council Act 2019 The Act provides that the guidelines are to be prepared in accordance with Section 90 of the Act.  This section requires the … Read More

Negotiating a commercial retail lease during Covid-19 Pandemic

As Ireland continues to operate under its third Covid-19 lockdown, it is clear that we are all going to have to live with the effects of Covid-19 for some time. While essential retail outlets are permitted to remain open with public health measures in place, non-essential retail is required to remain closed under the current level 5 restrictions. This forced … Read More

Residential Tenancies Act 2020

The Residential Tenancies Act 2020 introduces a general ban on evictions from residential dwellings during the emergency period. This Act operates in addition to the Residential Tenancies and Valuation Act 2020 which already provides certain protections to tenants who are otherwise in danger of being evicted due to a non-payment of rent. The protections in the Residential Tenancies and Valuation … Read More

Budget 2021 Property Changes

There were few surprises announced in the 2021 budget for the sale and leasing of properties. As had been flagged in advance, the enhanced help to buy scheme which was due to expire on 31 December 2020 has been extended until the end of 2021 at the enhanced rate of up to €30,000 (or 10% of the purchase price if … Read More

Social Media Trolls Beware

The Internet, and in particular social media, has provided a base for people to put trolling, defaming and harmful content online anonymously with little repercussions. Aside from the effects these comments can have on people personally, it can be particularly harmful from a commercial aspect when targeted at businesses. Two recent High Court cases highlight the importance of a Norwich … Read More

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