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Solicitor, Gerald Kean was brought to court by EBS over an accountable trust receipt (ATR) that was given by him to EBS in 2008 in order to obtain the title deeds of his client’s three properties, which were held by EBS as security for the mortgage that was taken out against them. Mr. Kean gave [...]
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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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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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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 [...]
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06 Feb '14
The way it is now: Commercial Rates are a tax, which date back to 1838, imposed by local authorities on the occupiers of commercial and industrial property. The types of property upon which rates are charged include shops, offices, factories, warehouses, hotels, licensed premises etc. Each year, usually in March, the local authorities strike the [...]
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The Nursing Homes Support Scheme provides financial support for people who need long term nursing home care. Under the scheme the person receiving the care pays a contribution towards the cost and the state pays the balance. In order to apply for the scheme a care needs assessment is carried out as well as a [...]
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Waterside Management Company v Brendan Kelly and Asta Kelly. This recent interesting case before the President of the High Court, Nicholas Kearns, found that where a judgment debtor does not hold an equitable interest in a property a receiver by way of equitable execution cannot be appointed. Background: The Plaintiff is the Management Company of [...]
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25 Apr '13
New Regime for Auctioneers, Letting Agents and Property Management Agents The Property Services Regulatory Authority (PSRA) was established under the Property Service (Regulation) Act 2011 which was passed on the 30th May 2012. The PSRA has 3 main powers: The powers to set and enforce standards in the provision of property services by Auctioneers, Letting Agents [...]
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