News & Events

Article

Residential Tenancies Act 2019

26 September 2019
The Residential Tenancies Act strengthens the position of tenants in relation to Rent Pressure Zones and Notice Periods, and authorises the RTB to investigate landlords and impose fines.

Article

The Vacant Site Levy

11 September 2019
Increase in rate of levy is intended to incentivise landowners to develop lands for housing.

Article

Courts to consider new factors before ordering repossession

6 September 2019
The Land and Conveyancing Law Reform (Amendment) Act 2019 builds upon the protections given to borrowers under the Personal Insolvency legislation

Article

Examinership - preserving the right to pursue guarantors

26 August 2019
Creditors must act quickly and comply with section 549 of the Companies Act, 2014 if they wish to pursue a guarantor after an examinership.

Article

A Cautionary Tale

26 August 2019
Applying to remove a caution registered against a folio

Article

Low Speed Impacts

13 August 2019
Low speed impact claims fall into the category of opportunistic so the Plaintiff’s credibility is key.

Article

The Office of the Planning Regulator

17 July 2019
The appointment of an independent Planning Regulator with oversight of the planning system will have a significant impact on the future of planning in Ireland.

Article

Obtaining Possession of Farmlands – The Challenges

9 July 2019
The routes of enforcement under a mortgage can face a number of unique and difficult challenges.

Article

Amendment to the Residential Tenancies Act 2004

2 July 2019
The Residential Tenancies Act, 2004 was amended on 4 June 2019 to introduce “Remedial Notices” along with changes to the notice periods applicable to terminate a tenancy.

Article

Beneficial Ownership Regulations - An Update

21 June 2019
The European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2019 provides for the creation of the Central Register with which a relevant entity must file its beneficial ownership information.

Article

Changes to the standard form of Plenary and Summary Summons

20 June 2019
It was announced by The Courts Service on 19 June 2019 that several changes to the standard form front page of a Plenary Summons and a Summary Summons would immediately come into effect.

Article

The Sectoral Employment Order (Construction Sector) 2019

19 June 2019
The 2019 Order will come into effect from 1 October and applies to workers within the general Construction Sector employed as Craftpersons, Construction Operatives and Apprentices

Article

Liquidation trumps conditional garnishee order

12 June 2019
AMOSS acted for M&P Silva Limited (in Liquidation) in successfully opposing the making of a conditional garnishee order absolute.

Article

Swings and Roundabouts (and U-Turns)

29 May 2019
There has been much media coverage on the personal injuries claim brought by a politician against an hotel arising from her alleged fall off a swing on the premises. Some of the justifications offered by her warrant comment.

Article

Frustration Frustrated

25 April 2019
Walsh v Walsh, Archbold and Promontoria (Aran) Limited highlights the dim view that the Courts take in respect of attempts to frustrate the legitimate enforcement of security by a lender.

Article

Recent Reform of the Employment Investment Incentive Scheme

28 February 2019
The Employment Investment Incentive Scheme (the ‘Scheme’), a tax incentive scheme for investors in Irish companies, was introduced in December 2011 replacing the then existing and popular Business Expansion Scheme.

Article

'Truth Be Told'​ - advertising rules for social influencers

26 February 2019
The ASAI Code of Standards for Advertising and Marketing Communications 7th Edition (the ‘Code’), introduced on 1 March 2016, applies to all marketing communications, including the more traditional methods of advertising and online advertisements, with limited exception.

Article

Shift in Courts’ attitude to differential costs orders

13 February 2019
Section 17(5) of the Courts Act, 1981 (as amended) provides that, where damages awarded to a plaintiff fall within the jurisdiction of a lower court, the Judge may order the plaintiff to pay the defendant the difference between the actual costs incurred by the defendant and those that would have been incurred had the proceedings been commenced and determined in the appropriate court.

Article

Employment (Miscellaneous) Provisions Act 2018

1 February 2019
This Employment (Miscellaneous) Provisions Act 2018 (the ‘Act’) was enacted on the 25 December 2018 and is due to commence no later than March 2019.  One of the primary aims of this legislation is to provide security and certainty for employees and thereby assist their ability to access credit facilities.

Article

No Absolute Duty of Care Owed by Employers to Employees

1 February 2019
Employers owe employees a common law duty to take reasonable care for their safety.

Article

“Concocted tissue of lies” case dismissed against the Motor Insurers Bureau of Ireland

31 January 2019
AMOSS recently succeeded in having a personal injuries claim against the Motor Insurers Bureau of Ireland dismissed as against the Bureau with an order for costs against the co-defendant, AXA Insurance.

Article

Judgment Proceedings removed from the Master’s List

30 January 2019
The President of the High Court, Mr. Justice Peter Kelly signed a practice direction last Wednesday removing all debt cases from the Master of the High Court. As a result, from 4 February 2019 all cases seeking Judgment for in excess of €75,000, will be dealt with by a Judge of the High Court.

Article

The Residential Tenancies (Amendment) Bill 2018: Proposals to enhance protections for tenants

21 January 2019
The Bill aims to provide more protection for tenants and if enacted in it’s current form will substantially increase the obligations of landlord of residential properties.

Article

New Contract for Sale for all Real Estate Transactions

9 January 2019
When selling or purchasing real estate, the Law Society of Ireland endorsed Contract of Sale (the “Contract”) is invariably used by the parties to govern the terms of the agreement reached. 

Article

Enforcement of Guarantees and Third Party Security where Undue Influence is Claimed

5 January 2019
The High Court has recently granted an interlocutory injunction restraining receivers and the appointing lender from dealing with the assets of a guarantor who claims that, at the time of providing the guarantee and supporting mortgage to the original lender, she was under duress from her son to do so.

Article

Impact of the Personal Injuries Commission

18 December 2018
The Personal Injuries Commission, chaired by Mr Justice Nicholas Kearns, former President of the High Court, published its second and final report in July 2018.

Article

Registration of External Companies in Ireland under the Companies Act 2014 – An Update

24 August 2018
Prior to the Companies Act 2014 (‘Companies Act’)  there were certain registration requirements for foreign companies that either had established a ‘branch’ or had ‘a place of business’ in the State.

Article

Recent Court Decisions Are A Welcome Development For Owners And Occupiers

14 August 2018
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 safety, as Section 3 of the Occupiers Liability Act, 1995 envisages. 

Article

Cross-security arrangement upheld

24 July 2018
Two brothers (the “Borrowers”) tried unsuccessfully to rely on the doctrine of consolidation to defeat a cross-security arrangement with AIB Mortgage Bank (the “Bank”).

Article

4% Stamp Duty Refund on Residential Development Land – Finance Act 2017

22 January 2018
Amid the controversy surrounding the implementation of the new 6% rate of stamp duty on commercial property, there was precious little discussion about a related measure announced in last year’s Budget.

Article

High Court refuses to grant judgement when lender’s calculation of interest could not be verified

19 September 2017
In the recent High Court case of Allied Irish Banks plc v Marino Motor Works Limited, Ms. Justice Úna Ní Raifeartaigh refused Allied Irish Banks’s application for summary judgment and sent the matter forward to plenary hearing as neither the court, nor Marino Motor Works, could verify the Allied Irish Banks’s interest claim.

Article

Amendment to Order 122 of the Rules of the Superior Courts

18 September 2017
Traditionally, the Rules of the Superior Courts did not permit parties to amend or deliver pleadings during the Long Vacation, being the months of August and September each year.

Article

PIA Appeal to be instituted by Debtor or PIP?

14 September 2017
Section 115A of the Personal Insolvency Acts (the “Acts”) requires that any appeal under the Acts is to be brought by the debtor’s Personal Insolvency Practitioner (the “PIP”).

Article

Unnotified Monitoring of Employee’s Emails is a Breach of the European Convention on Human Rights

18 September 2017
The European Court of Human Rights has held that the monitoring of an employee’s electronic communications is a violation of Article 8 of the European Convention on Human Rights. Article 8 enshrines the right to respect for private life and correspondence.

Article

Clarification on the role of a McKenzie Friend

31 August 2017
There has been a significant increase in the incidence of lay litigants in civil cases with a number of “professional” non-lawyers assisting the lay litigants with the preparation and presentation of their cases to the Courts. In many instances these non-lawyers have sought to argue and advocate the lay litigants’ cases for them, saying that they are a “McKenzie Friend” of the lay litigant.  

Article

Payment on account of costs pending taxation

23 August 2017
In recent times, the taxation of costs whereby the amount of legal costs payable was independently determined, has been hampered by significant delays. As a result solicitors and barristers often did not get paid until long after a matter had concluded.

Article

Companies (Accounting) Act 2017-‘Floating Charges – Clarity of Priority’

27 July 2017
The Companies (Accounting) Act 2017 (the ‘Act’) provides welcome clarity on the position of crystallised floating charge holders in relation to their priority over preferential creditors.

Article

Fast Track Planning

26 June 2017
The Planning and Development (Housing) and Residential Tenancies Act, 2016 (‘the Act’) came into force on 23 December 2016. The Act provides new protections for residential tenants and amends the planning code by introducing a fast-track planning procedure for “Strategic Housing Developments’.

Article

Help To Buy Incentive

19 June 2017
The Help to Buy Incentive (“the Scheme”) was introduced in October 2016 as part of the Finance Act, 2016 to assist first time buyers in pulling together their deposit to purchase or build a new house or apartment.

Article

Company Law Update The Companies (Accounting) Act 2017

13 June 2017
The 10 most notable changes introduced by the 2017 Companies (Accounting) Act that primarily relate to preparation, content and form of financial statements and filing requirements.

Article

Harrington v Gulland Causes Headaches For Lenders & Receivers

12 June 2017
A recent High Court decision has caused uncertainty as to whether lenders can appoint receivers over secured Land Registry property following a transfer of the charge and until such time as the transfer has registered in the Land Registry.

Article

Nowhere To Hide Beneficial Ownership – Privacy Implications

6 June 2017
The 4th Anti Money Laundering Directive (EU 2015/849) (the ‘Directive’) (replacing the 3rd Anti Money Laundering Directive (2005/60/EC)) being transposed into Irish law will no doubt cause privacy concerns for individuals who are the beneficial owner, but not registered as the legal holder, of shares in Irish companies.

Article

Stay of subsequent action pending payment of costs

18 May 2017
Order 26, rule 4 of the Rules of the Superior Courts provides that the High Court may stay proceedings if they are subsequent to previous proceedings for the same or substantially the same cause of action and the costs due by the Plaintiff in the previous proceedings have not been paid.

Article

Update on the Vacant Sites Register

18 May 2017
Do you own a vacant property? Is it in an area in need of housing? If so you may be subject to a charge of 3% of the market value of your property very soon.

Article

High Court remits examinership cases to Circuit Court

16 May 2017
In 2013 the Companies (Miscellaneous Provisions) Act was enacted and provided for small companies to apply for examinership in the Circuit Court as well as the High Court. The intention of this Act was to reduce the cost of seeking examinership protection, albeit that the work required to be done by the parties involved remained exactly the same as in the High Court. In the following year, only 6 companies availed of examinership through the Circuit Court and the level of Circuit Court examinerships has remained low.

Article

What Terms? / Which Contract?

6 March 2017
In two Supreme Court judgments both delivered on 2 December 2014, Noreside Construction Limited -v- Irish Asphalt Limited [2014] IESC 68 and James Elliott Construction Limited -v- Irish Asphalt Limited [2014] IESC 74, the Court rejected Irish Ashphalt Limited’s claims, made in a bid to limit its liability for defective goods supplied, that the terms and conditions on its delivery dockets were incorporated into its contracts for supply.

Article

Central Bank of Ireland Policy Statement on CRD IV Variable Remuneration Rules

21 February 2017
A policy statement issued by the Central Bank of Ireland on 31 January 2017 means that some small investment firms and credit institutions supervised directly by the CBI may no longer need to pay a proportion of variable remuneration in instruments or defer the payment of variable remuneration as required under Directive 2013/36.

Article

Central Bank of Ireland Publishes Report on Themed Inspection of Compliance with Fitness & Probity Regime for Credit Unions

21 February 2017
The Central Bank has published a report on the outcome of its inspection of the implementation of the Fitness & Probity Regime by credit unions.

Article

New Requirements for Beneficial Ownership Register- Action Required

16 February 2017
The European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2016 (S.I No. 560 of 2016) (the ‘Regulations’) impose new obligations on Irish companies and other incorporated bodies (such as ICAVs, listed UCITs and most AIF investment companies) to take immediate measures to compile a ‘beneficial ownership register’. The Regulations are the latest measure introduced to combat money laundering and terrorist financing.

Article

Application of Unfair Dismissals and Minimum Notice and Terms of Employment Legislation to Directors

2 February 2017
The Employment Appeals Tribunal recently determined in the case of Reddy & Reddy v Hyper Trust Limited (EAT Determination of 23 January 2017) that the former directors of a company were not employees for the purposes of the Unfair Dismissals Acts, 1977 – 2007 and the Minimum Notice and Terms of Employment Acts, 1973 – 2005.

Article

Employers Beware and Prepare - Data Access Requests - Legal Advice Privilege for ‘Lawyer’s’ Advices Only

25 January 2017
In the Employment Appeals Tribunal (EAT) claim of Richard Carron v Fastcom Broadband Limited (UD1515/2013), (being a claim of unfair dismissal) the EAT was asked to determine, as a preliminary issue, whether communications between the Respondent and its non-lawyer advisors were privileged legal advices. The EAT determined that advice provided by a non-lawyer prior to the date of the claimant’s claim was filed with the Workplace Relations Services (WRS) are not so privileged.

Article

AMOSS Solicitors Joins Interlaw – An Elite Global Legal Network

14 December 2016
AMOSS is pleased to announce that it has joined Interlaw, an elite global network of law firms.

Article

The Impact of the Residential Tenancies (Amendment) Act 2015 on Fixed Asset Receivers

8 November 2016
While the introduction of improved rights for tenants is to be welcomed, the legislation has, at the same time, resulted in increased costs, burdens and responsibilities for landlords.

Article

Delay Regarding New High Court Rules

21 October 2016
On 5 April 2016 a new statutory instrument, SI 255 of 2016 was signed to take effect from 1 October 2016. The New Rules are intended to deal with all Chancery and Non-Jury actions and certain other designated proceedings.

Article

Budget 2017

14 October 2016
A number of measures introduced are likely to impact the Irish property market.

Article

The Court of Appeal rules on Rateable Valuation for Circuit Court Jurisdiction

29 July 2016
The Court of Appeal has ruled[1] that the Circuit Court had no jurisdiction to grant orders for possession of 6 residential investment properties as they were “not rateable” under s. 15 of the Valuation Act 2001 and not subject to the exceptions contained in that Act or the Land and Conveyancing Law Reform Act, 2009 and 2013.

Article

Bank entitled to Bankruptcy Adjudication despite Borrowers’ Claim of Estoppel

27 July 2016
In a recent High Court Judgment, the Court found that Allied Irish Banks Plc was entitled to adjudication on foot of a Petition for Bankruptcy against two Debtors, who raised a defence of promissory estoppel arising from their claim that the Bank had agreed that their family home and farm would not be pursued in enforcing the outstanding debt owed to the Bank.

Article

Employers Beware - fair procedures are required at all stages of an employee relationship

9 June 2016
Fair investigative procedure should be set in place and followed by all employers no matter how large or small and investigations carried out by personnel who are trained specifically to handle employee complaints.

Article

Central Bank (Variable Rate Mortgages) Bill 2016

27 March 2016
An analysis of the Central Bank (Variable Rate Mortgages) Bill 2016

Article

Non-Oral Variation Clauses - How Reliable Are They?

27 May 2016
An examination of the decision in Globe Motors Inc. v TRW Lucas Verity Electric Steering Limited and Another together with an analysis of its potential effect on commercial contracts in this jurisdiction

Article

New EU Trade Mark Reform

8 April 2016
Regulation (EU) No 2015/2424 entered into force on 23 March 2016 (the “Amending Regulation”).

Article

AMOSS Announces the AMOSS Scholarship in Law

28 January 2016
AMOSS Solicitors, in conjunction with the UCD Sutherland School of Law is pleased to announce the establishment of the AMOSS Scholarship in Law.

Article

Minister for Finance appoints AMOSS Partner to the Board of the Investor Compensation Company Limited

3 December 2015
AMOSS Solicitors is pleased to announce that the Minister for Finance, Michael Noonan, T.D., has appointed Corporate Partner Enda Newton as a non-executive director of the Investor Compensation Company Limited (ICCL) for a two year term.

Article

EBA Publishes Results of 2015 EU-Wide Transparency Exercise

3 December 2015
On 24 November 2015 the European Banking Authority (EBA) published the outcome of its 2015 EU-wide Transparency Exercise.

Article

EBA Issues Final Guidelines on Passport Notifications for Mortgage Credit Intermediaries

17 September 2015
The European Banking Authority (EBA) has recently published its final guidelines on passport notifications for mortgage credit intermediaries in support of the transposition of the Mortgage Credit Directive (MCD). The Guidelines will ensure that information about credit intermediaries carrying out business in more than one Member State is exchanged consistently between national authorities.

Article

Belgard Motors Decision

13 August 2015
In what has quickly become known as the Belgard Motors Judgment, the Supreme Court has recently unanimously held that a floating charge which crystallised by notice in advance of the commencement of a liquidation ranks in priority to the claims of preferential creditors.

Article

Consumer Protection (Regulation of Credit Servicing Firms) Act 2015

27 February 2015
The Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 (the “Act”) was introduced to ensure that consumers and SMEs whose loans have been sold to unregulated entities will continue to enjoy the same protections they enjoyed prior to the sale of their loan. The Act creates a new type of regulated entity (the “credit servicing firm”). A credit servicing firm is one which interact directly with borrowers in relation to their loans. The Act amends the provisions of a number of the Central Bank Acts.