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PRECEDENTS
Recitals The Licensor is the owner of the Car Park and has agreed to grant to the Licensee a licence to use the Space[s] upon the terms and conditions set out in this Licence. Date [date] Parties 1 [name of Licensor] [of OR a company incorporated under the laws of Ireland with registered number [number] and having its registered office at] [address] (Licensor); and 2 [name of Licensee] [of OR a company incorporated under the laws of Ireland with registered number [number] and having its registered office at] [address] (Licensee) 1 Definitions In this Licence, the following definitions apply: Car Park • Definition—Car Park The approach taken in this Precedent is to define a large licence area (the Car Park) and to give the Licensee the right to use a finite number of spaces within the Car Park. The Licensor retains the day to day right to designate the spaces within the Car Park that are available to the Licensee. The intention is to make it clear that the Licensee's rights do not amount to exclusive possession of any specific part of the Car Park. However,
PRECEDENTS
Clause 1—Definitions The terms ‘Landlord’, ‘Tenant’, ‘Common Parts’ and ‘Property’ are likely to be already defined within the relevant Lease, ensure that the definitions accord with those in this document. Ensure that the definition of Common Parts includes the Car Park and any access roads leading to it. 1 Definitions Allocated Spaces • Definition of ‘Allocated Spaces’ From a landlord’s perspective, it may be important to preserve flexibility in terms of potential redevelopment or reconfiguring of the Car Park by reserving the right to require the tenant to use alternative spaces. the [insert number] car parking spaces in the Car Park shown edged [blue] on the Plan or such other suitable car parking spaces as the Landlord may from time to time allocate to the Tenant and Allocated Space means any one of them; Car Park • all those areas of the Common Parts that the Landlord designates from time to time for the parking of motor vehicles; Common Parts • Definition of ‘Common Parts’ This definition of Common Parts refers to the Car Park, check the lease being used to, ensure that the definition of Common Parts includes the Car
PRACTICE NOTES
This Practice Note examines the framework governing case management in Irish civil litigation, including the courts’ inherent jurisdiction, the Rules of the Superior Courts (RSC) and relevant Practice Directions (PDs). It outlines how the courts manage proceedings in practice, with particular emphasis on compliance with timelines and the efficient progression of cases, and considers the operation of case management across key specialist lists together with the practical implications for litigants and practitioners. ‘The case management of proceedings is a regular feature of civil litigation in Ireland’. Appellate case management Although not considered in this Practice Note, it should be noted that the Court of Appeal and the Supreme Court each operate distinct appellate case management regimes. In the Court of Appeal, these primarily operate under SI 15/1986 (IRL), Orders 86, 86A–86D and 87, Rules of the Superior Courts, as complemented by various PDs. The Supreme Court procedures primarily operate under SI 15/1986 (IRL), Orders 58 and 87, Rules of the Superior Courts, as supplemented by various PDs. Case management in Irish civil proceedings The
PRECEDENTS
This Precedent is a short form cease and desist letter, to be sent as a first step in a dispute relating to the infringement of IP rights. It is broadly drafted so that it can be used in relation to the infringement of any of the key IP rights, although it is likely to be most suitable for a scenario involving an infringement of trade mark rights and/or copyright. It is intended to be used in circumstances where the right holder hopes to resolve the matter swiftly, without recourse to further action. Terminology Many practitioners use the terms ‘letter of claim’, ‘letter before action’ and ‘cease and desist letter’ interchangeably. However, the terms ‘letter of claim’ and ‘letter before action’ are more commonly used in the UK, and are usually used to refer to a letter which formally puts an alleged infringer on notice that court proceedings may be brought against them, and where such a letter is drafted in accordance with the UK CPR requirements. Such letters will often include a full
PRACTICE NOTES
On 9 March 2023, the Central Bank (Individual Accountability Framework) Act 2023 (Ireland) (CB(IAF)A 2023 (IRL)) was signed into law with the aim of enhancing the Central Bank's fitness and probity regime and improving individual accountability among financial service providers. This Practice Note tracks the development of policy and guidance related to the CB(IAF)A 2023 (IRL), together with key dates, past and future. Key: • ASP—Administrative Sanctions Procedure • CBI—Central Bank of Ireland • CPC—Consumer Protection Code • FSB—Financial Stability Board • F&P Regime—Fitness and Probity Regime • IAF—Individual Accountability Framework • CB(IAF)A 2023 (IRL)—Central Bank (Individual Accountability Framework) Act 2023 • NEDs—Non-executive directors •  PCF—Pre-Approved Controlled Function • SEAR—Senior Executive Accountability Regime The IAF includes the following elements: • SEAR • Conduct Standards • Enhancements to the F&P Regime • Amendments to the ASP Policy development and key dates Date Event Background 30 July 2026 CBI published final Supplemental Guidance on Prohibition Notices under the Fitness and Probity Regime. News: LNB News 31/07/2026 23—Ireland—Central
NEWS
The Central Bank of Ireland has recently issued a series of warnings against unauthorised financial firms. In their most recent notices dated 28 February 2025, the regulator identified six unauthorised entities: Polysharp Investments Limited, Circle Loans, Hastle Free Euros, Primo Group, SMT Capital, and Horizon Legal Partners. This was followed by earlier warnings in February against Straight Away Euros, Central Plus Finance, BigFxInvest, and IKKS Invest. These warnings form part of the Central Bank's ongoing regulatory enforcement activities to protect consumers and maintain the integrity of Ireland's financial services sector by identifying and publicising firms operating without proper authorisation.
NEWS
The Central bank of Ireland has announced that Deputy Governor of Financial Regulation, Sharon Donnery, has been appointed to a senior role at the European Central Bank (ECB). She will remain with the Central Bank of Ireland until late 2024.
PRACTICE NOTES
Central Bank of Ireland (CBI) enforcement The Central Bank of Ireland (CBI) relies on regulatory rules, on-going supervision and enforcement as part of its regulatory architecture. This Practice Note focuses on CBI’s enforcement powers with which it investigates, conducts inquiries into and administers sanctions in respect of ‘prescribed contraventions’ by regulated financial services providers (RFSPs) and by persons concerned or formerly concerned in their management. CBI’s powers are set out in Part IIIC of the Central Bank Act 1942 (Ireland) (CBA 1942 (IRL)) as amended. CBA 1942 (IRL), Pt IIIC is often referred to the Administrative Sanctions Procedure (ASP). Important amendments were introduced in 2023 in respect of the scope of CBI’s enforcements powers. The Central Bank (Individual Accountability Framework) Act 2023 (Ireland) CB(IAF)A 2023 (IRL) removes the ‘participation link’ which has hitherto allowed enforcement action against individuals only insofar as they have participated in the commission by a RFSP of a prescribed contravention. CB(IAF)A 2023 (IRL) introduces some key changes to CBI’s enforcement powers, allowing it to pursue individuals
PRACTICE NOTES
What is a certificate of title? A certificate of title is a particular type of report on title prepared by a solicitor for someone other than their client. In commercial property transactions, solicitors are often required to investigate title (for instance, when land is being acquired or offered up as security) for their client. Solicitors then report on the nature and/or quality of the title to their client, setting out the findings of their investigation (eg details of defects or burdens on title (such as charges or easements) as well as any rights which benefit the property). In certain circumstances, solicitors will be instructed by their client to write a report on title for someone other than the client itself, such as a mortgagee or a purchaser of shares in a company that owns the land. This particular type of report on title is usually referred to as a ‘certificate of title’. There is usually no contract between the solicitors giving the certificate and the third-party recipient. However, if the givers of the certificate fail
PRACTICE NOTES
This Practice Note should be read in conjunction with Practice Note: Ireland—Company names and business names—private company limited by shares which summarises the legal requirements and restrictions regarding company and business names. For details of requirements relating to the disclosure of a company's name and other registration details at its premises, in its communications and on its business stationery and other documents, see Practice Note: Ireland—Trading disclosures of a private company limited by shares. Choosing a new company name Before proceeding with steps to change a company's name, the company and its directors should ensure that the proposed name is permitted in accordance with legislation. The Companies Act 2014 (Ireland) (CA 2014 (IRL)) and Registration of Business Names Act 1963 (Ireland) (RBNA 1963 (IRL)) which set out the restrictions and requirements in relation to company, limited liability partnership and business names. The company should also ensure that there are not already any companies registered with the desired name (or a name that would be deemed the 'same as' the proposed name) by checking the company
PRACTICE NOTES
A contract of employment is formed by offer, acceptance and consideration, and the ordinary principles of contract law apply. That aside, employment is heavily regulated and often standard-form terms apply. Terms may be set by statute, regulation, EU law and collective agreements, leaving employees with little real scope to negotiate. The inherent imbalance of bargaining power does not stop it being a contract, but it does shape how courts read and imply terms. An employment contract may be written or oral, however, employers must furnish a written statement of terms after one months’ service under s 3 of the Terms of Employment (Information) Act 1994 (Ireland) (TE(I)A 1994 (IRL)) (as amended by SI No 686/2022 European Union (Transparent and Predictable Working Conditions) Regulations 2022 (Ireland) (EU(TPWC) Regulations 2022 (IRL)), reg 5). That statement records conditions but is not the whole contract. See further Practice Note: Ireland—Written statements of employment terms. Contractual terms can come from multiple sources, for example, the written agreement, the statutory statement,
CHECKLISTS
Constitutional and other documents Check the borrower’s constitutional and other documents to first establish that: • the borrower has the requisite power under its constitutional documents (ie company constitution or partnership deed etc) to borrow and give security, and • no other agreement entered into by the borrower would prohibit or otherwise restrict the borrower from new/additional borrowing or granting security (see negative pledge language in other financing, leasing or security documents) Lessons learned Once the borrower’s power and authority have been established, it is useful to locate and review any existing loan documentation for lessons learned, to establish what works for the company (and where applicable, the wider group of companies) (don’t re-invent the wheel!), what doesn’t work (don’t perpetuate known problems), and what could be improved. Everyone can be wise with the benefit of hindsight. Consult the COO and CFO (as a minimum). Ask the following questions: • who are the existing lenders to the business? What is the nature of the relationship? Tip: