The Brief

As business managers or as advisers to businesses, you know that in an evolving business environment having accurate and up-to-date information at your fingertips places you at a distinct advantage over your competitors.

At M J O'Connor Solicitors we play our part in keeping our clients and associates ahead of their competition when it comes to legal knowledge. That is why every quarter we will share our legal knowledge with you in those areas of legal practice which impact on how you do business. The Brief is our round-up of those developments within national and EU legislation and legal practice which will help you anticipate future change and adjust to the ever evolving legal and regulatory environment. Most importantly, we ensure that you can use legal knowledge to your advantage, which is what M J O'Connor Solicitors do best - turning legal knowledge into business sense.

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30.05.2008

High Court imposes liability on firm of auctioneers for inaccurate dimensions in sales brochure

Sean Nolan highlights the recent significant High Court decision in David Walsh -v- Jones Lang Lasalle Limited. 

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29.05.2008

Amendment to law will permit all tenants to renounce Statutory entitlement to a new lease of business property

Landlords and tenants of business premises should note that the Civil Law (Miscellaneous Provisions) Bill 2006, which is to be enacted shortly, contains a provision which will allow a tenant to renounce his Statutory right to a renewal of his lease (which arises by law after the tenant has been in occupation of business premises continuously for a period in excess of five years). The renunciation simply has to be in writing and the tenant must have received independent legal advice.

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19.05.2008

New VAT Regime for property

The Finance Act 2008 enacted into law the new VAT on property regime. The regime comes into effect from 1st July 2008.

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15.05.2008

Compulsory Registration Extended

Property titles in Clare, Kilkenny, Sligo, Louth, Wicklow and Wexford will become subject to compulsory registration in the Land Registry with effect from 1st October 2008.

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09.05.2008

Commercial Agents: The High Court clarifies categories of commercial agents which are entitled to compensation under the Commercial Agents Regulations upon the termination of the Agency

Where an enterprise seeks to expand operations into a new territory and does not wish to invest in the required infrastructure to undertake the expansion directly it is faced with a choice of establishing either a network of franchisees or distributors or agents to act on its behalf. Where the legal relationship of agency is chosen the agent will act on behalf of his or her principal by concluding the terms of sales and purchases for contracts which are then entered into directly between the principal and the customer.

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06.05.2008

Company Law Consolidation and Reform Bill

Sean Nolan, Partner in M J O’Connor Solicitors highlights the Company Law Consolidation and Reform Bill (“the Bill”) which represents the most far-reaching and comprehensive review of Company Law in Ireland since 1963.

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01.05.2008

Estate Planning for your Children - Discretionary Trust Will

A standard form of Will typically describes certain specific assets to be inherited by each of the children or it may set out what percentage or share of the entire estate each of the children will inherit.

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01.05.2008

Squatters’ Title Reaffirmed by the European Court of Human Rights

For the last year and a half, squatters’ rights have been in doubt. A UK case, JA Pye (Oxford) Ltd v. The United Kingdom, had challenged the notion. Following lengthy litigation in the UK courts, the case was ultimately referred to the Grand Chamber of the European Court of Human Rights (ECHR).

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01.05.2008

Directors’ duties: Companies Consolidation Bill 2008 brings much needed clarity

Years ago to be a director was seen to be a much envied position but as many people who are in that position realise, the rewards have to be balanced against the duties and responsibilities imposed by law

 

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