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...
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...
As everyone gets into the swing of party season the recent case of Bellman v Northampton Recruitment Limited has emphasised the responsibilities on employers even on a Christmas night out. The facts of the case are the defendant company held a Christmas party at a local golf club at which most of the staff attended....
Changes to insolvency laws in Northern Ireland, due to the Insolvency (Northern Ireland) Order 1989 (Amendment) Order (Northern Ireland) 2016 coming into force, mean that as of 30 November 2016, a creditor must be owed at least £5,000 before being in a position to petition for a debtor’s bankruptcy. This is a substantial increase from...
Most people are probably of the view that it’s only when they sign an agreement that they are bound by it. What happens if the agreement has not been signed? Can a binding contract still come into existence? The recent case of Reveille Independent LLC v Anotech International (UK) Ltd EWCA Civ 443 demonstrates...
Whether individuals are self-employed, company employees or workers depends on a number of factors and the true nature of their relationship with a company. The exact nature of that relationship will determine what rights the individuals have and what a company’s obligations to them may be. It is often thought that the determining factor in...
Tughans’ Real Estate Department discuss issues arising when a person, not ordinarily resident in the Republic of Ireland and not holding the Irish equivalent of a UK National Insurance Number (called a Personal Public Service Number “PPS Number”), seeks to buy or sell, grant a lease, or take a lease of property in the Republic...
Tughans’ Real Estate Department discuss issues to be aware of for prospective purchasers of Commercial and Residential property in the Republic of Ireland:- 1. Distressed Sales Distressed sales of property (both commercial and residential) are attractive for investors given the reduced prices asked by vendors. Often, contracts for such property are heavily restricted and do not...
Members of the public, media, legal profession and political sphere descended en masse this morning to the Royal Courts of Justice to hear the eagerly anticipated judgment on Northern Ireland’s legal challenge to Brexit. The case, taken by a prominent victims’ rights campaigner and local politicians, is one of several challenges arising out of the UK’s...
The much anticipated Preliminary Review on Civil Justice Report was published earlier this month. Chaired by Lord Justice Gillen, the Civil and Family Justice Review Group who prepared the report was tasked to “look fundamentally at current procedures for the administration of civil and family justice”. The extensive 380 page report makes a total of...