English High Court holds that tenderer who received ‘fail’ score should not have been excluded
The English High Court has ruled that a tenderer who received a ‘fail’ score should not have been excluded from the procurement process where the invitation to tender (ITT) did not clearly specify tha...
English High Court refuses to lift automatic suspension where other services provided by incumbent would be impacted by suspension
The English High Court has refused to lift the automatic suspension of a contract for public health and nursing services, including mental health services for children (Services). It held that damage...
Summary judgment – A bald assertion is not enough to avoid judgment
Summary proceedings are initiated where a claim is for a liquidated sum or a set figure. The test for a summary judgment application to succeed was identified in Aer Rianta v. Ryanair [2001] 4 I.R. 6...
Judicial review – engaging common sense to avoid absurd results
The recent appeal brought by Mr Michael Fingleton against the Central Bank of Ireland in judicial review proceedings provided an interesting insight into the interpretation of a provision of the Centr...
Revenue issues guidelines on stamp duty rebate for commercial property developed for residential purposes
The Revenue Commissioners (Revenue) have issued guidelines on the criteria for a stamp duty refund for certain residential property developments. Following changes under the 2018 Budget, a 6% rate of...
Beauchamps’ Chair Appointed to Board of Institute of Directors
Imelda Reynolds, Partner and Chairperson of Beauchamps, has been appointed to the board of the Institute of Directors in Ireland (IoD). The IoD, which has a membership of over 2,700 directors and busi...
High Court finds that a Bank’s awareness of a lease does not constitute consent
An issue which often arises before the Irish courts is the failure of a landlord to obtain a bank’s prior consent to the creation of a lease over mortgaged property. It now settled law, that a failur...
Beauchamps proudly sponsors the Contribution to Leinster Rugby award at this year's Leinster Awards Ball
Beauchamps were delighted to sponsor and present the Contribution to Leinster Rugby Award to Hugh Woodhouse of Mullingar RFC this year at the Leinster Rugby Awards. At this event, players were honour...
Beauchamps advise Kennedy Wilson on acquisition of the Elysian Complex in Cork
We advised global real estate investment company, Kennedy Wilson, on the acquisition of the Elysian Complex in Cork. The Elysian Complex, which consists of 206 apartments, 67,600 sq ft of retail and ...
The Supreme Court clarifies the calculation of damages for professional negligence in the context of a property market fluctuation
In an important judgment, the Supreme Court dramatically reduced the level of damages awarded to a plaintiff from €11 million to €5.2 million. Delivering the Court’s unanimous judgment, Mr Justice O’D...
Supreme Court finds that cap on guarantor’s liability not a restriction on the award of interest
In a recent decision, the Supreme Court held that a clause in a guarantee creating a cap on a guarantor’s liability for a debt did not prevent a court from awarding court interest resulting in a total...
Discovery, Confidentiality and the Commercial Law Practitioner
Commercial entities, faced with the obligation to make discovery in legal proceedings, may well have very real concerns arising from the confidentiality or commercial sensitivity of documents, concern...
Steps to enforce a Residential Tenancies Board Determination Order in the District Court
When a landlord or tenant seeks assistance from the Residential Tenancies Board (the RTB) in resolving a residential tenancy dispute, they will receive a legally binding determination order from the R...
Minister for Housing obtains Cabinet approval to publish General Scheme of a new Residential Tenancies Bill
The Minister for Housing, Planning and Local Government, Eoghan Murphy (the Minister) obtained consent from the Cabinet to publish a general scheme of a new Residential Tenancies Bill (the Bill) on 17...
High Court rules in the first Irish case on the “right to be forgotten”
The High Court has delivered its first judgment on the “right to be forgotten” in Ireland. This follows the landmark decision of the Court of Justice of the European Union (CJEU) in Google Spain SL &a...