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The break-up of a marriage may have devastating consequences for all parties both emotionally and financially. The Irish Courts have a constitutional obligation to ensure that “proper provision” is made for both spouses and any dependent children. Judges have wide discretion and can make any orders that the Court feels appropriate in order to ensure [...]
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Compliance with data protection regulation has far reaching and profound consequences; from questions of evidential admissibility arising in recent criminal and civil trials to the controversy in respect of the retention of Primary school children’s data; from Edward Snowdon to Cloud computing. In today’s data driven world every organisation, company and individual involved in [...]
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On the 27th of January 2015 the Central Bank of Ireland announced the scope of the eagerly anticipated regulations which will apply limits to mortgage lending by regulated financial institutions in Ireland. The new regulations introduce proportionate limits for loan to value and loan to income measurements for both primary dwelling houses and buy to [...]
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The Minister for Finance, Michael Noonan TD, published the Finance Bill 2014 on the 23rd of October 2014 (“the Bill”). The Bill gives effect to the measures announced in Budget 2015. The Bill includes measures which will benefit the farming community such as: The Bill provides for exemption from Capital Gains Tax on any chargeable [...]
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AHEAD OF BUDGET 2015, the Minister for Finance was undoubtedly advised by some commentators that the best tactic was to make as little change as possible and he appears to have adopted that strategy. Minister Noonan stated that his main objective was to reduce unemployment, and some of the measures that he proposed seem [...]
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Ickendel Limited Limited v Bewleys Café Grafton Street Limited [2014] IESC 41 The Supreme Court judgment given on the 1st July 2014 has ruled in favour of Ickendel Limited, the landlord, holding that Bewley’s, the Tenant, must now pay €1.464 million rent. The previous High Court ruling of Charlton J, which held in favour [...]
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In Circuit Court and District Court cases one party can seek a general order for discovery from the other party by requesting that they discover all documents relevant to the issues in dispute and the onus is on the party disclosing the documents to list and furnish all documents that they consider relevant to the [...]
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Below is a case in which issues were raised by the Defendants, who sought to avoid judgment being granted against them, on grounds that the Bank to which they owed money had merged with another Bank and therefore the new Bank could not enforce the security. A number of Banks have recently been merged and [...]
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Examinership is a process whereby a struggling but potentially viable company can seek a limited period of Court protection from its creditors in order to have an independent person, the examiner, appointed in order to formulate proposals for a compromise or scheme of arrangement with its creditors which, if accepted by the creditors and ultimately [...]
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The announcement by Alan Shatter, Minister for Justice that the government intends to review Pre-Nuptial Agreements has undoubtedly given significant relief for many young farmers in Ireland. Unfortunately however Pre-Nuptial Agreements are not provided for under the Children and Family Relationships Bill 2013. The announcement has no doubt been assisted by the consistent lobbying by [...]
