Module 13: 11.00am – 12.30pm (1.5 General CPD Hours)
Monday 12th September 2022 = Seminar 13 in the Postal Booking Form
Landlord & Tenant Litigation
‘Trends & Recent Developments’
While certain types of litigation often go in and out of fashion, landlord and tenant disputes have been a consistent feature of the Irish litigation landscape and will remain so into the future. In this talk, a practising barrister who specialises in this area will update us on recent developments in commercial landlord and tenant litigation.
The talk will be conducted by reference to recent case law, and will comprise 3 separate topics:
- Issues arising when leases are entered into where there is no consent from a mortgagee:
This will be of relevance to both borrowers and lenders. In particular, a reading of the pre- and post-2009 statutes and caselaw suggests that the law in this area has subtly changed. Due to most of the caselaw relating to pre-2009 mortgages, there is very little analysis of the new provisions of the 2009 Act and how they apply to leases entered into by borrowers without the consent of a lender for post-2009 mortgages;
- Relief from forfeiture, particularly in the context of licences:
Whether or not relief from forfeiture is available can be of critical importance to a lessee/licensee who is using land. In certain circumstances, if relief from forfeiture is available then a lessee/licensee will have a very strong case for it. It is important to know, therefore, when it is available and when it is not. There is a recent UK Supreme Court decision that will be analysed which highlights how important this distinction can be;
- Landlord and tenant liability for rates pursuant to section 32 of the Local Government Reform Act 2014:
When a property is transferred the question of rates is always addressed. There is almost no judicial analysis of the provisions of section 32 of the Local Government Reform Act, 2014 which sought to change the way that rates are paid. This section of the talk will involve primarily Counsel’s own analysis of that section and how it may be being interpreted incorrectly, which stems from a recent opinion that he drafted for a receiver in the context of a property transfer.
David Geoghegan BL is a barrister engaged in general civil litigation. He has also worked as an adjudicator for the Financial Services and Pensions Ombudsman.
Examples of recent work include:
- Acted for large American retailer in commercial landlord and tenant dispute concerning the quiet use and enjoyment of prominent Dublin shopping centre units
- Acted for Irish hospitality group in defending urgent mandatory injunctive proceedings concerning the use of a restaurant premises and its planning status
- Represented Irish bank in dismissing defamation proceedings brought by a solicitor
- Acting for insurance company specialising in data protection defence litigation in various data protection actions
- Successfully challenged the introduction of a new bye-law on behalf of two bodies concerned with the protection of pike fishing in Ireland
- Acted for school seeking novel Norwich Pharamacal relief against social media platform which was referred to the CJEU
- Currently acting for various soldiers in a set of group litigation against the Minister for Defence in relation to toxic exposure claims which has resulted in the most recent Supreme Court treatment of discovery (i.e. the Tobin decision)
- Representing the applicant in the lead case challenging the recently introduced Personal Injuries Guidelines, which will have significant consequences for all personal injuries litigation in the State.