Tughans Solicitors

Brexit – Preparing for the unpredictable

At the date of drafting this article, the Government is still expecting to meet its target of triggering Article 50 of the Lisbon Treaty by the end of March 2017. This will start the countdown on the two year notice period until exit, and allow negotiations with the European Union to begin. As those negotiations... Read More

Brexit, Trump, Stormont election. What next for NI Businesses?

There is no doubt that there have been a number of political upsets this past year. What is less clear is whether the new era being ushered in is the best of times or the worst of times. Opinions are subjective and may depend on the timeframe. From a short term perspective, Tughans has been... Read More

“Caveat Possessor” – Landowner Beware!

Landowners are becoming more susceptible to claims as a result of greenery growing on their property. The most apparent potential liability arises in the case of trees on the boundary of a property. The majority of case law on this point arises in relation to branches overhanging a public access route/highway or even more specifically... Read More

Construction Law: Pay Less Notices and Interim Payments

Following on from our recent article regarding the failure to serve a Pay Less Notice in respect of a final account (“Failure to serve a “Pay Less Notice” not fatal”), the Technology & Construction Court last week clarified that such notices are essential in respect of interim valuations, as opposed to the final account.  The court... Read More

Only Parliament can pull Brexit trigger

In one of the most significant legal rulings of modern times, the UK Supreme Court has handed down its judgment on the legal aspects of Brexit, upholding an earlier decision of the English High Court, and dealing with aspects raised in the Northern Ireland High Court case which preceded it.  In summary, the Supreme Court... Read More

Stand and deliver – Ransom strips

It is strange to think that in our modern times any person can be held to ransom; legally no less. However, it is a fate that can befall any one of us that would acquire land without proper access. A ransom strip is the given expression for a portion of land that exists at the... Read More

Reasonable Adjustments – how much should an employer pay?

Employers will be aware that under the Disability Discrimination Act 1995 (“the DDA”) they may have a duty to consider reasonable adjustments to assist disabled employees in certain circumstances and that this duty to consider reasonable adjustments is to assess whether the adjustment itself will prevent any disadvantage to the disabled employee continuing.  Examples of... Read More

Closure of The Northern Ireland Renewables Obligation (NIRO) on 31 March – Can your renewables project avail of a grace period?

Government incentives for renewable energy have been something of a hot potato in Northern Ireland politically over the past months, but whilst the Renewable Heat Incentive (RHI), and issues around the management of that scheme, have dominated the headlines, the main government support mechanism for renewable technologies, the NIRO, is closing to non-wind technologies on... Read More

Failure to serve “Pay Less Notice” not fatal

Those who administer payment under construction contracts have had to be very much on their toes since the Construction Contracts (NI) Order 1997 came into force. The legislation introduced a statutory scheme designed to speed up the flow of cash in the construction industry by introducing a regime for determining stage or periodic payments. One... Read More

Love thy neighbour or face the consequences – A right to light

Right to light issues can have serious implications on development schemes in the initial stages and, more problematically, those that have already begun.  Neighbours can obtain injunctions to prevent interferences with their rights to light and/or be awarded significant damages to compensate them for the loss of their rights, even when the infringement is considered... Read More