The High Court has refused to grant an injunction to restrain the auction of a “buy to let” property notwithstanding that the receiver did not appear to have a power of sale qua receiver. Delivering judgment for the High Court, Mr Justice Conor Dignam found that the while the adequacy of
Property
McCann FitzGerald has appointed Stephen Proctor as group leader of its real estate and construction group. Mr Proctor, who has played a key role in many of Ireland's most significant construction and engineering projects over the past two decades, takes over the role from Dónal O'Raghallaigh,
Lavelle Partners LLP has appointed Paul McCutcheon as a partner and head of housing within the firm’s property team. This strategic appointment enhances the firm’s property practice, bringing additional depth in the area of residential real estate development.
The Supreme Court has allowed the appeal of a company shareholder and has discharged an injunction secured in 2010 by a receiver in respect of a commercial property in Wexford. Delivering his judgment for the Supreme Court, Chief Justice O’Donnell confirmed that there “is an onus on the
As the commercial real estate landscape evolves, the repurposing of older properties is now emerging as a crucial strategy for developers looking to maximise value and adapt to changing market demands, write Aoife O'Dea and Eoghan Davis. According to recent reporting by Cushman & Wakefield's Ret
The High Court has determined that the Circuit Court did not have jurisdiction to make an order for possession as the appellant did not come within s.3(1) of the Land and Conveyancing Law Reform Act 2013. Delivering judgment for the High Court, Ms Justice Marguerite Bolger stated: “Section 3(1
A new consumer guide has identified issues relating to documentation, planning and taxes as among the prime causes of delays when buying and selling a property in Ireland. The guide, which is primarily aimed at sellers but will also be of interest to buyers, has been published by the Society of Char
Fieldfisher partner Paddy Smyth examines some of the legislation to be brought before the Dáil in the summer term. The week before last marked the beginning of the Dáil's summer term, which offers an opportunity to look ahead to potential legislative developments that may arise with th
Kane Tuohy partner Gráinne Loughnane considers an appeal concerning the non-payment of commercial rent during pandemic-era lockdown restrictions. On 22 March 2024, the Court of Appeal in Ireland handed down the judgement of Foot Locker Retail Ireland Limited v Percy Nominees Limited.
The High Court has adjourned possession proceedings to plenary hearing where the plaintiff had not met the requirements to obtain an order for possession in the Circuit Court and where the appellant borrower alleged undue influence by her co-borrower husband. Delivering judgment for the High Court,
Kane Tuohy LLP has welcomed Kate Marquis as a senior associate in the firm's real estate department. Ms Marquis brings a wealth of experience to the firm with over 20 years’ experience in both commercial and residential property.
Conveyancing solicitors have raised concerns about a change of practice at the Land Registry meaning that rejected applications no longer come with an explanation for the decision.
The High Court has granted an order for sale of an inherited property in brothers’ dispute in light of a full indemnity and consent to an order in the sum of €117,185.67 provided by the defendant to the plaintiff. Delivering judgment for the High Court, Mr Justice Brian O’Moore comm
Eversheds Sutherland Ireland has appointed partner Cian MacGinley as head of its real estate department. Mr MacGinley, who has been with the firm for over two decades, takes over the leadership fo the department from Joseph Stanley, who will continue as a real estate partner.
The Law Society of Northern Ireland has announced a new initiative aimed at improving the experience of moving house in Northern Ireland. The inaugural Conveyancing Week, which has been launched by the Law Society in partnership with Propertynews.com, is taking place from 16–20 October 2023.