“Caveat Possessor” – Landowner Beware!

RYAN MURPHY

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 ...

Construction Law: Pay Less Notices and Interim Payments

Desmond Carr

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 ...

Only Parliament can pull Brexit trigger

Desmond Carr

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 ...

Stand and deliver – Ransom strips

Luke Thompson

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 ...

Reasonable Adjustments – how much should an employer pay?

Patricia Rooney

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 ...

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

Andrew Kirke

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 ...

Failure to serve “Pay Less Notice” not fatal

Michael McCord

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 ...

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

Amanda Byrnes

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 ...

A Festive Fallout…Vicarious Liability of employers and Christmas parties

Laura McKee

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. ...

Bankruptcy limit increases from £750 to £5,000

Michael McCord

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 ...