On 21 June 2019, Judge Garrett Simons delivered his judgment in Heather Hill Management Company CLG v An Bord Pleanála (Burkeway Homes Limited as Notice Party) [2019] IEHC 450. In this case, Heather Hill Management Company CLG and Gabriel McGoldrick (the Applicants) challenged a decision of An Bord Pleanála (the Board) to grant permission for a Strategic Housing Development in Co. Galway.
Environmental & PlanningThe long standing test concerning the legal possession of land has been challenged in the landmark case of Thorpe v Frank [2019] EWCA Civ 150.
Commercial Property BelfastIn Eustace v. The Lord Mayor, Aldermen and Burgesses of Drogheda Borough Council [2019] IEHC 455 the plaintiffs sought damages for trespass, nuisance and misfeasance in public office arising from permission granted to a construction company to install a slip road and sewer connection on the plaintiffs' land (which was later the subject matter of a compulsory purchase order by Drogheda Council)...
DisputesThe Department of Finance recently received approval from Cabinet to draft the heads of a Central Bank (Amendment) Bill. Minister for Finance, Paschal Donohoe, has stated his intention to publish the heads of this Bill before the end of 2019. The legislation is intended to give the Central Bank increased regulatory powers in order to stimulate greater accountability and transparency in the fin...
Financial RegulationThe MSA's has been criticised in the past for being all bark and no bite. The lack of enforcement action or penalty within the original legislation being cited as making the legislation a moral compass only. However, recent case law points towards a sea change of approach with both civil and criminal law sanctions being applied.
BelfastThe Government has recently launched a draft Marine Planning Policy Statement (MPPS), which outlines a programme of legislative reform to modernise the Irish marine planning system. At present, the planning process for a development in a marine area is quite complicated. A development such as an offshore wind farm, for example, requires a number of permissions from different bodies in order t...
DisputesData Centres (DCs) are predicted as being a significant user of Irish energy resources in the future. Innovative renewable energy solutions will be required to meet this demand and minimise the need for grid reinforcement. ALG has advised on such solutions for DCs with renewable energy operato...
Data CentresThe Irish Government has published the Investment Limited Partnerships (Amendment) Bill 2019 (the 2019 Bill) which substantially overhauls the Investment Limited Partnership Act 1994.
Asset Management & Investment FundsOn 14 June 2019, Ireland's competition agency announced the introduction, probably in 2020, of a simplified merger review procedure.
Corporate & M&AThroughout all stages of development, from planning, to construction and compliance, developers must ensure that risks associated with potential land contamination are identified and addressed, this can be a costly and time-consuming process.
Belfastn Kelleher v National Asset Loan Management Ltd [2019] IEHC 392, the High Court refused an application for discovery, even in circumstance where the plaintiff alleged 'unconscionable conduct' on the part of the defendant. The court found that even if a' limited threshold' test for discovery is applicable to a case of this nature, the plaintiff must still show relevance and necessity. The court...
DisputesEnvironmental legislation in Ireland is principally administered and enforced in various ways. The Minister for the Communications, Climate Action & Environment has an important policy setting role and the Health & Safety Authority is responsible for the enforcement of occupational health and safety law. We set out some examples of the types of licenses or permits that are relevant to data
Data Centres
