Real Estate Disputes
Our specialist Real Estate Disputes team is highly experienced in advising on commercial property and landlord/tenant disputes.
We act in high-profile and complex disputes before the Irish Courts, as well as, in many cases, obtaining successful outcomes without the need for litigation. We collaborate closely with our non-contentious Real Estate colleagues to ensure that our clients’ business objectives are achieved.
We advise the key players in the market, including international private equity funds, Irish and global financial institutions, pension/investment funds, insolvency practitioners, developers, state authorities and large commercial tenants.
We advise clients with property interests across all sectors, including aviation, agriculture and food, commercial and office, energy, hospitality and leisure, manufacturing, pharmaceutical and retail.
Our expertise includes:
- Disputes arising from Real Estate transactions
- Commercial landlord/tenant disputes
- Trespass / termination claims
- Statutory tenancy claims
- Rights of way and other easement disputes
- Adverse possession
- Ground rent applications
- Rates appeals
- Acting for various clients on commercial real estate and landlord/tenant disputes, including for Caulfield McCarthy Group, Clancourt Group, Exxon Mobil, Green REIT, Hibernia REIT, IPUT, Irish Life, Kennedy Wilson, Lagan Group, National Oil Reserves Agency, Park Developments, Probiotec Limited, Rohan Holdings, and Siemens Group.
- Acting for Marlet Property Group in judicial review proceedings in respect of the development of over 600 units in Clontarf, Dublin. This case involved the first entry of a judicial review in respect of Strategic Housing Development into the Strategic Infrastructure division of the Irish High Court.
- Acting for the Musgrave Group in the successful defence of a Commercial Court injunction application by a shopping centre landlord seeking to enforce a “keep open” covenant in a lease. This was the first such successful defence in the Irish courts.
- Acting for Davy Target Investments plc in separate successful Commercial Court proceedings concerning (i) a case against a former lessee of a commercial premises in respect of a dilapidations claim; and (ii) a co-ownership dispute in respect of a multi-million euro investment property.
- Acting for Bank of Ireland in €80m enforcement proceedings against Real Estate holdings of Brian O’Donnell, Vico Limited and related entities, across Ireland, UK, France and the British Virgin Islands. These included the high-profile sale of the Gorse Hill residence, and obtaining a new form of anton piller order from the Commercial Court to inspect and take an inventory of disputed chattel property.
- Acting for various other financial institutions in complex real estate enforcement cases, including Bank of Scotland, IBRC, Lloyds and NAMA.
- Acting for Celtic Roads Group and National Toll Roads in a landmark business rates challenge before the Valuation Tribunal, High Court and Supreme Court, resulting in multi-million euro rates refunds. Acting in follow-on multi-million euro Commercial Court proceedings seeking unjust enrichment damages for the rates paid that were found to be overcharged by the Supreme Court.