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Results: 1-10 of 14

Rent reviews in Ireland the Bewley’s case and the 7.36m question

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • July 1 2014

Today the Supreme Court confirmed that an upward only rent review clause in a 35 year lease dating from 1987 meant that the lease rent would never

Bewley's lease case

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • March 27 2013

There has been considerable media comment on the Bewley's lease case with some suggestions that the case has wider ramifications for the industry

No security for costs in action arising out of abandoned planning application

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • August 29 2012

The Irish High Court has refused Eirgrid’s application for security for costs against County Monaghan Anti-Pylon (CMAP), a company formed for the purpose of opposing the proposed NorthSouth Meath-Tyrone electricity interconnector

Rates and charities - an update

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • March 23 2012

All commercial and industrial property in Ireland is being revalued for the purposes of assessing rates

Planning and judicial review - not the right remedy?

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • February 20 2012

In Devils Glen Equestrian Centre Limited v Wicklow County Council 2010 IEHC 356, the High Court repeated what has been settled law for almost 25 years, namely that (a) judicial review can only be used in very limited circumstances to challenge a planning decision and (b) the courts have set a very challenging threshold for success even if judicial review is a possible remedy

Equity will not act in vain (4th October 2010)

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • October 4 2010

A court will not make an order if compliance is impossible

What’s a lease worth?

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • September 20 2010

The capital value of a lessee's interest is equal to the assignment value of the lease

Look to the substance

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • September 16 2010

A contract for the sale of land which has not been signed or exchanged may be enforced if a deposit has been paid over

No planning, no party

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • August 3 2010

A planning authority considering an application for retention permission is entitled to have regard to its past decisions on the development

A planning difficulty

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • July 29 2010

Where a developer fails to comply with an order under Section 160 of the Planning and Development Act 2000 he may be committed for contempt