bporeilly  
Gavel

Services For Businesses


Business Property Disputes

By Brian O'Reilly, Senior Partner.

It is surprising how many different situations can lead to a dispute relating to Business and commercial property. In a recent survey, the top ten causes of litigation in this sector are as follows:

1.                  RENT REVIEWS ON BUSINESS LEASES.  

2.                  PLANNING DISPUTES

3.                  COVENANT DISAGREEMENTS

4.                  NUISANCE AND PROPERTY INTERFERENCE

5.                  DIRECT TRESPASS

6.                  INSURANCE PROPERTY CLAIM DISPUTES

7.                  COMMON AREAS/RIGHTS OF WAY

8.                  ENVIRONMENTAL ISSUES

9.                  RATES DISPUTES/APPEALS

10.                COMPULSORY PURCHASE

Civil Entitlement or Liability

Perhaps the most important thread running through each of these type of cases is that early action can bring a better resolution and that delay can be fatal. For example with Rent Reviews - the review clauses always have time frameworks in which the process must be completed. If a landlord or a tenant misses a deadline, then at best the procedure can be set back one or more steps and at worse, the rights completely lost.

Equally with trespass or rights of way - delay of any kind in asserting entitlements can be taken as acquesence or consent and this can lose any and all property rights that exist. And many disputes over statutory rights such as Rates or CPOs or indeed an environmental issue with the Environmental Protection Agency are usually time sensitive and are ignored at great peril.

Criminal Liability

In a regulatory matter where criminal responsibility is alleged by a statutory regulator, it is vital that the regulator be engaged in discussion immediately but great care must be taken to deal with the body in a manner that will not admit liability. Many business people feel threatened by the many regulators that have been appointed in recent times and believe that thir firms must accept every directive from such bodies without question. These regulatory agencies are not however always right in the way they conduct business and although not directly connected with property matters, B.P.O'Reilly & Company Solicitors recently uncovered evidence of Anti-Employer prejudice at NERA - the National Employnent Rights Authority (itself a regulator) for which the agency may have exposed itself to serious court and other sanction. (see article on Left Navigation Bar). Also recently, the Office of Corporate Enforcement was criticised by the Supreme Court over its behaviour in a case in which it sought to bring sanctions against a company director.

If you find yourself or your company in any situation where civil or criminal responsibility might arise (either to enforce your firm's rights or defend allegations), please call us as soon as the potential problem becomes known. Over the last 34 years we have dealt with every type of Business Dispute known to the Civil and Criminal Law and we are happy to make our experience available to you.   There is no charge for advice on initial contact. Please call our Senior Partner Brian O'Reilly at 01 4525211 or email bporeilly@bporco.ie

 

Recent additions

Newstalk latest


B.P.O’REILLY & COMPANY SOLICITORS & NOTARIES ARE LAWYERS BASED IN DUBLIN IRELAND SPECIALISING IN LEGAL AND NOTARY SERVICES FOR BUSINESSES AND INDIVIDUALS WHO NEED ADVICE AND REPRESENTATION IN LOCAL, NATIONAL AND INTERNATIONAL CASES.

HEAD OFFICE: B.P O'Reilly & Co. Solicitors, Coric House, Main St, Tallaght, Dublin 24, Republic of Ireland.

Telephone: (01) 4525211      Fax: (01) 4525436

[International (+353-1) 4525211 Fax: (+353-1) 4525436]         

 E-mail: general@bporco.ie

© B.P.O'Reilly & Company Solicitors 2002-2008.

The information contained in this website is of a general nature and should not be relied on in every circumstance
involving what is written and/or said involving the services of B.P.O'Reilly & Company. Consequently, no responsibility will be taken by the site promoters as to the accuracy of its contents. If you have a specific query please contact B.P.O'Reilly & Company.