Two recent cases on the validity of upwards only rent review clauses in commercial leases have been causing considerable waves in the landlord and tenant market.
Upwards only rent review – update
Two recent cases on the validity of upwards only rent review clauses in commercial leases have been causing considerable waves in the landlord and tenant market.
The first of which is the Bewleys case : Ickendel Limited -v- Bewleys Café Grafton Street Limited. In this case the High court held that on the basis of specific wording that had been utilised in the lease, the rent payable after the rent review would reduce.
The High Court held that the lease put a bottom floor on the rent payable as being the initial rent set in 1987 . It was not clear that the rent thereafter would not reduce below the previous period.
It is clear that this case turned on the particular wording of this lease and therefore wider ramifications for the landlord and tenant market are in our view limited.
The second case of note in this area is the Medical Council case.
The medical council recently failed to have its rent reduced to market rent under a 20 year lease it holds with developer Johnny Ronan. The lease contained an upward only rent review clause however the Medical Council sought to instead have market rent applied to the rent review. The Court held that this could not be upheld and that the upward only rent review stood. Therefore rent could not fall below €820,000 even though it was contested by the Medical Council that the market rent was €374,100.
Suffering a road traffic accident abroad can be a traumatic experience—made even more stressful by the legal complexities that follow. For Irish residents who have been injured in a road accident while on holiday outside Ireland, it is possible to bring a claim in Ireland without having to travel abroad or use lawyers abroad, in certain circumstances. The key issue is jurisdiction, which refers to whether Irish courts have the legal authority to hear your case. Under EU regulations and international private law, if the at-fault driver or their insurer has a presence in Ireland or is domiciled in an EU member state, you may be able to bring your claim in the Irish courts.
Text LinkBuying or selling property in Ireland? Discover why hiring a property solicitor is essential for a smooth, legal, and stress-free transaction. Get expert tips today.
Text LinkAs electric scooters (e-scooters) become more popular across Ireland, particularly in cities like Dublin, Cork, and Galway, the number of e-scooter accidents is also rising. Whether you're a rider, pedestrian, or driver involved in an incident with an e-scooter, understanding your legal rights is crucial. This guide explains e-scooter accident claims in Ireland, including who can make a claim, the process involved, and how compensation is calculated.
Text LinkFolding airplane steps may seem like a routine part of airport operations, but they carry serious risks if not properly managed. Negligence in their maintenance or deployment can lead to injuries and legal liability for a personal injury claim for compensation for these injuries under the Montreal convention. We have been involved in a number of cases against airlines where stairs were found to be faulty, negligent, not fit for purpose or used in the incorrect manner or weather. The cases we have listed illustrate that injuries on folding airplane steps can qualify as "accidents" under the Montreal Convention, depending on factors like the condition of the steps, the airline's adherence to safety protocols, and the circumstances surrounding the incident.
Text LinkBeing involved in a road traffic accident is a traumatic experience, but when the driver responsible flees the scene, the emotional and financial toll can be even greater. In Ireland, there is a legal pathway for victims to seek compensation—even when the offending driver is untraceable.
Text LinkIf you've suffered an injury while boarding or disembarking from an aircraft via steps, you may be entitled to compensation under Irish law and international treaties like the Montreal Convention.This guide breaks down your rights, the claims process, and what to do if you’ve been injured on airplane steps in or around Ireland.
Text Link39 Waterloo Road,
Dublin 4
DX 109060 Fitzwilliam
Phone: 01 234 0044
Fax: 01 234 0047