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PRECEDENTS
Commencement Section 64(2)(a) of the Land and Conveyancing Law Reform Act 2009 (Ireland) (LCLRA 2009 (IRL)), provides that one of the criteria for establishing if a document is a deed is whether the document is described at its head as with the appropriate wording such as ‘Conveyance’, ‘Assignment’, ‘Indenture’, ‘Deed’, etc. Date While it is usual practice to date a deed on the date of completion a deed actually takes effect on the date of its delivery. The concept of delivery means that it is possible for a deed to be valid even if it has not been dated. If a deed is not dated, external evidence is admissible to prove the correct date from which it was intended to operate. Where a date is inserted, it is presumed that this date is the date on which the deed took effect. However, this presumption may be rebutted by evidence to the contrary. See: Browne v Burton (1847) 17 LJQB 49 (not reported by Lexis+® UK). It is good practice to date the deed on the operative date so
PRECEDENTS
Commencement Section 64(2)(a) of the Land and Conveyancing Law Reform Act 2009 (Ireland) (LCLRA 2009 (IRL)), provides that one of the criteria for establishing if a document is a deed is whether the document is described at its head with the appropriate wording such as ‘Conveyance’, ‘Assignment’, ‘Indenture’, ‘Deed’, etc. Date While it is usual practice to date a deed on the date of completion a deed actually takes effect on the date of its delivery. The concept of delivery means that it is possible for a deed to be valid even if it has not been dated. If a deed is not dated, external evidence is admissible to prove the correct date from which it was intended to operate. Where a date is inserted, it is presumed that this date is the date on which the deed took effect. However, this presumption may be rebutted by evidence to the contrary. See: Browne v Burton (1847) 17 LJQB 49. It is good practice to date the deed on the operative date so that no external evidence is required to
PRECEDENTS
Deed of Grant of Right of Way made the [………………………] of [………………………] BETWEEN 1 [name of Grantor] [of OR (Company Number [number]) having its registered office at ][address] (the “Grantor”) of the first part 2 [name of Grantee] [of [insert address] OR (Company Number [number]) having its registered office at [insert address]] (the “Grantee”) of the second part [and] 3 Mortgagee’s consent Delete reference to the Mortgagee if the Servient Land is not charged. [[name of Mortgagee] [of OR (Company Number [number]) having its registered office at] [address] (the “Mortgagee”) of the third part] 1 RECITALS Recitals—Definition: Servient Land In order for a legal easement to exist, there must be a legal estate for the benefit of which the easement is exercised (dominant tenement) and land over which it is exercised (servient tenement). Therefore, it is essential that the Dominant Land and Servient Land are clearly identified, ideally by reference to a plan. If acting for the Grantor, consider carefully the extent of the Servient Land. The grant of the Rights may hinder future development and therefore
PRECEDENTS
General This Precedent can be used for a partial release of security and is intended for use in relation to a bilateral debenture or mortgage document where the chargor is a company registered in Ireland. The partial release of a mortgage or charge will usually be documented through a deed of partial release. This is particularly important where the security has been released early or without full satisfaction of the debt as this avoids any debate about a lack of consideration and ensures that any third-party dealing with the security provider can be confident that the partial release was effective. A partial release may be suitable where some, but not all, security is being released. Any undertakings given by the security provider will typically remain in place. In addition to a deed of partial release, a buyer of released property may request a letter of non-crystallisation particularly where the released property is the subject of a floating charge under a security document. The letter
PRECEDENTS
General This Precedent can be used for full release of security and is intended for use in relation to a bilateral debenture or mortgage document where the chargor is a company registered in Ireland. The release of a mortgage or charge will usually be documented through a deed of release. This is particularly important where the security has been released early or without full satisfaction of the debt as this avoids any debate about a lack of consideration and ensures that any third-party dealing with the security provider can be confident that the release was effective. A full release may be suitable when the creditor no longer requires any security to be held, for example, when all debts owed to the security holder are being repaid or refinanced by another lender. Where a full release is taking place, the obligations and liabilities of the security provider will also be released. BETWEEN [insert name of Chargee] a company incorporated in Ireland with registered number [insert company number]
PRECEDENTS
This Deed of Surrender is made on [insert date] BETWEEN 1 [Insert name of tenant] [ [of [insert address]] OR [a company incorporated in Ireland with registered number [insert company number] and having its registered office at [insert address of registered office]] ] (the Tenant); and 2 [Insert name of landlord] [ [of [insert address]] OR [a company incorporated in Ireland with registered number [insert company number] and having its registered office at [insert address of registered office]] ] (the Landlord). RECITALS Original parties to the lease If one or more of the original parties to the lease have since disposed of their interests or had a different name at the time the lease was entered into, the name of the original parties as entered on the lease should be inserted as appropriate. (A) By Lease (the Lease) dated [insert date] between (1) [[insert name] OR the Landlord [under its then name [insert name]] ] and (2) [[insert name] OR the Tenant [under
PRECEDENTS
This Deed is made on [date] Parties When deciding which persons are needed as signatories to this deed, consider if any third party rights or interests have been granted and/or whether any obligations of the original contract are guaranteed by a third party (see Holme v Brunskill, MacEnroe v AIB, Triodos Bank v Dobbs and Bank of Scotland PLC and Fergus). While it may be possible to capture any future agreements or amendments by an alternative mechanism such as an ‘all monies’ clause (Bank of Scotland v Fergus), it is advisable to seek such third party’s consent when making the amendments and/or consent of the guarantor should be obtained. For more information, see the sections on ‘Guarantors’ and ‘Third party rights’ in the introductory drafting note. Optional drafting is provided where a guarantor will be a party to the deed. The parties clause should clearly and unambiguously identify the parties to the agreement. This makes it clear which persons or entities have obligations under the contract and can also reveal potential issues with capacity or authority of a contracting party
PRECEDENTS
This Deed of Variation made the [day]of[month year] BETWEEN Parties If any party is a company, always include the company registration number. This avoids any problems arising when a company has been wound up and a new company formed with the same name, or when the name of a company is changed, or if companies swap names, eg on a reconstruction of a group of companies. If there are two parties to a deed they are expressed as being of the ‘one part’ and of the ‘other part’, however where there are more than two parties they are expressed as being of the ‘first part’, of the ‘second part’, of the ‘third part’ and so forth. 1 [name of Landlord] [of OR (Company Number[number]) having its registered office at] [address] (the “Landlord”, which expression shall where the context so admits or requires include the Landlord’s successors and assigns) of the first part 2 [name of Tenant] [of OR (Company Number[number]) having its registered office at] [address](the “Tenant”, which
PRACTICE NOTES
This Practice Note provides an overview of the Defamation Act 2009 (Ireland) (DA 2009 (IRL)) as amended by the Defamation (Amendment) Act 2026 (Ireland) (D(A)A 2026 (IRL). It summarises the elements of the tort of defamation and the principal statutory defences and mechanisms under DA 2009 (IRL), including the offer of amends procedure and key reliefs. IT also outlines the principal reforms introduced by D(A)A 2026 (IRL), including changes to how High Court defamation actions are tried, a serious harm threshold for corporate plaintiffs, and amendments to certain defences and procedural provisions. The following practice note sets out and examines the following: • key changes introduced by D(A)A 2026 (IRL) • elements of the tort of defamation • defences to a defamation claim • offer of amends procedure • reliefs available under the DA 2009 (IRL) Reform of DA 2009 (IRL) Statutory framework and commencement D(A)A 2026 (IRL) was enacted on 19
PRECEDENTS
General notes This Precedent does not contain information required by any specific court rules or guidance. This Precedent is to acknowledge the plaintiff’s letter of claim with a full response to follow at a later date. If you are able to respond to the letter of claim within the time specified by the plaintiff then this letter may not be necessary. If you do not acknowledge or formally respond to the letter of claim within the time specified by the plaintiff they may issue proceedings causing the parties to incur costs which may ultimately be deemed unnecessary. For a practical guide on how to respond to a letter of claim, see Practice Note: Ireland—How to respond to a letter of claim. [ON YOUR FIRM’S LETTERHEAD] Address This Precedent has been drafted on the basis that you are writing to the firm of solicitors acting for the proposed plaintiff: you should insert the name, address and reference accordingly. In particular, it is important to check that the address is correct so that the letter
PRACTICE NOTES
This Practice Note discusses the role and importance of defined terms in an agreement. It identifies the defined terms that most commonly appear in agreements relating to transactions and examines the approach that should be taken when reviewing or drafting an agreement containing defined terms. For more information on the formation and interpretation of contracts generally, see Practice Note: Ireland—Contracts—formation and interpretation. The definitions and interpretation clause One example of a boilerplate clause is the definitions and interpretation clause. The definitions and interpretation clause should include all of the individual defined terms that are included in an agreement and all of the provisions that are to apply to the general interpretation of an agreement and, if necessary, of certain phrases used within it. The defined terms and the interpretation provisions will normally be set out in two separate sub-clauses. The definitions and interpretation clause will usually be found at the beginning of an agreement and the terms will be set out in alphabetical order for ease of reference. The purpose of defining terms is to avoid:
PRECEDENTS
This precedent demand letter is to be used when making demand for repayment from a borrower. Ireland—Demand letter—borrower [To be printed on headed notepaper of the lender making demand] Service of the Demand The demand must be served in accordance with the notice provisions in the facility agreement. Where the notice provisions state that notices should be sent to the registered office of the borrower (as opposed to a specific address), you should check at the Companies Registration Office for the current registered office prior to serving demand. If you are aware that the registered office may have changed but the address has not yet been updated at the Companies Registration Office, the prudent approach would be to send the demand letter to the old and the new addresses. To: [Insert name of individual and/or position] [insert name of the Borrower or other relevant entity] [insert address] [insert fax no] [insert email address] [copy [specify to who]] Service of the Demand The relevant facility agreement pursuant to which the demand is being served will set out the requirements for service of notices under the agreement.