Government measures in key jurisdictions 5th edition - Flipbook - Page 65
Ireland
In the absence of a force majeure clause, parties may wish to consider the doctrine of
frustration as a possible form of relief, however, the threshold for frustration is
extremely high in Ireland and the scope of events which may trigger the doctrine are
extremely narrow. Seeking legal advice is recommended.
While a force majeure clause or the doctrine of frustration may, in certain
circumstances, be relied upon, we would recommend that businesses first discuss
potential commercial workarounds with their contracting partners before attempting to
rely on any such forms of relief. For more information, please view here.
Property
Have any changes
been made to
the laws around
property, rent and
enforcement?
Litigation
Are the courts
operating?
The outbreak of Covid-19 has resulted in the introduction of the Health (Preservation and
Protection and Other Emergency Measures in the Public Interest Act) 2020 Act in Ireland
which together with other emergency legislation has had a wide ranging effect on Real
Estate transactions in Ireland. We consider certain elements below.
•
In Ireland many commercial tenants are no longer able to operate,
however leases continue and the obligations of tenants
remain. Many tenants have requested a temporary adjustment to the rent
payable under their leases, including rent holidays or deferment. A commentary on
the current position regarding the collaborative approach required and the possibility
of tenants extracting themselves from commercial leases is here.
•
The main statutory interventions in the context of real estate have been in relation
to residential property which arise primarily from the enactment of the Emergency
Measures in the Public Interest (Covid-19) Act 2020. A commentary on the current
position for Residential Leases and the legislative amendments is here.
•
The construction industry has been severely affected and all construction sites, save
those associated with the provision of essential services, have been closed since 27
March 2020. The following article reviews the impact and considerations, from the
perspective of the construction sector, arising from the Health (Preservation
and Protection and Other Emergency Measures in the Public Interest Act) 2020 Act:
Construction contracts – Covid-19 impacts and considerations.
After a period of gradual re-opening up to January 2021, the Irish Courts have again
introduced enhanced Level 5 protocols in response to Covid-19 which are expected to
remain in place until at least 15 March 2021. The following is a broad summary of the
current position:
•
Remote hearings will continue and be extended across the various courts.
•
Urgent civil applications will continue to be dealt with subject to strict compliance
with all applicable health and safety protocols including physical distancing and
wearing face masks. Persons who are required to physically attend court or a court
office are regarded as travelling for essential purposes and may travel beyond the
currently mandated 5km for that purpose.
•
No civil jury actions will take place prior to 12 April 2021.
Government measures in key jurisdictions
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