Eimear Coughlan, solicitor at O'Flynn Exhams Solicitors in Cork, explores recent case law on leases and lender consent. It is settled law that a failure to obtain the bank’s consent to the creation of a lease over mortgaged property renders the lease voidable. A question which recently arose b
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Criminal conversation gave a man a right of action for damages against anyone who had sexual relations with his wife, and the consent of the wife did not affect his entitlement to sue. It was not necessary that adultery resulted in separation, however if the couple was already separated the man was
Kellie O'Flynn, solicitor in the litigation and dispute resolution team at William Fry, writes on the implications of the GDPR for litigation in Ireland. With the EU General Data Protection Regulation (GDPR) now in effect, one of the emerging considerations is whether its provisions – specific
Emily Paisley, a solicitor specialising in debt recovery for businesses at Worthingtons Solicitors in Belfast, writes on debt recovery in Northern Ireland. The Financial Conduct Authority’s (FCA) recent survey (Financial Lives 2017) found that personal debt levels in Northern Ireland are the h
Darryl Broderick, partner and head of litigation and dispute resolution at Ronan Daly Jermyn, examines the impact in Ireland of Cliff Richard's recent court win in a major privacy lawsuit against the UK's public broadcaster. Earlier this month, the BBC announced that it would not be appealing the Hi
In February, Irish Legal News shared the story of Irish law graduate Aoife Moore Kavanagh, who had become one of the youngest-ever people to pass the New York bar exam. Today, she shares an update on her American adventure. Following on from the brilliant news that I had passed the New York Bar exam
Employment law solicitor Richard Grogan of Richard Grogan & Associates writes on recent cases clarifying the law on fixed-term contracts. In a case of the Department of Employment Affairs and Social Protection and Anna Concarr FTD184, an issue arose where the employee contended that, having comp
Margaret Cordial, solicitor at AMOSS Solicitors in Dublin, writes on a series of recent court judgments affecting owners and occupiers. The Courts have held in a number of recent decisions that occupiers are entitled to presume that visitors to their property will take reasonable care for their own
Gerard Ward, senior associate at DWF in Belfast, writes on the key differences between employment law in Northern Ireland and the Republic of Ireland. As the Employment law division of DWF, we regularly advise NI and GB based employers on their operations in the Republic of Ireland. As the UK approa
Michael Duffy, solicitor at Worthingtons Solicitors in Belfast, writes on recourse in the case of negligent property surveys. Picture the scenario: a prospective purchaser has instructed a surveyor to prepare a report. The report shows that the property is structurally sound and the purchaser purcha
Ciara Lagan, corporate partner at Belfast firm Tughans, writes on Brexit and diversity. Does Brexit mean a hard border, a watered-down Chequers’ plan, leaving the Customs Union, no deal? After more than 2 years of negotiations, plans and posturing we are still no clearer on what impact Brexit
Darryl Broderick, partner and head of litigation and dispute resolution at Ronan Daly Jermyn, welcomes new rules on media access to court files. New Court Rules relating to the High Court, Court of Appeal and Supreme Court were introduced on 1 August 2018 which allow the media access to documents on
Dermot Walsh, professor of law at the University of Kent, writes on the record of the Garda watchdog. For the past 11 years the Garda Síochána Ombudsman Commission (Gsoc) has been entrusted with the primary responsibility of investigating complaints of corruption, abuse and neglect by
Liam Herrick, executive director of the Irish Council for Civil Liberties (ICCL), writes following yesterday's settlement between Amnesty and Sipo. For community and voluntary organisations across Ireland, yesterday’s settlement of the court proceedings between Amnesty International Ireland a
Striking the balance between reporting allegations and respecting privacy in cases of alleged sexual misdeeds is a thorny issue, writes Fintan Canavan, partner at BLM. The decision to award Sir Cliff Richard a significant sum for a breach of his right to privacy comes at a time when issues of f