BHSM LLP

INSIGHTS | LITIGATION & DISPUTE RESOLUTION | BY ELAINE DYKE The amendment to the Circuit Court Rules, brought about by S.I. No. 107 of 2024 CIRCUIT COURT RULES (ORDER 36) 2024 and which came into operation on 29 March 2024, is a welcome development which brings the Circuit Court Rules largely into line with Superior Court Rules by removing reference to decrees and judgments being in force for a period of 12 years.

COMMERCIAL REAL ESTATE | INSIGHTS | BY SIOBHÁN WHELAN The deadline date for filing a Residential Zoned Land Tax (RZLT) return is on or before 23 May 2025.

INSIGHTS | INSOLVENCY & CORPORATE RESTRUCTURING | BY SEAMUS ENNIS On 7 May 2025, Mr Justice Michael Quinn delivered Judgment for the High Court wherein the question of the High Court’s jurisdiction to recognise foreign insolvency proceedings was considered.

INSIGHTS | PRIVATE CLIENT | BY MICHELLE MCARDLE With housing stock in short supply and the cost of home renovations consistently increasing, it has become difficult for purchasers to fund both the purchase of a property and the renovations it may need to bring it up to modern standards. The introduction of the Local Authority Purchase and Renovation Loan allows the Local Authority for the first time to lend funds for both the purchase and renovation of properties.

INSIGHTS | LITIGATION & DISPUTE RESOLUTION | BY CILLIAN SIMPSON The law of Defamation in Ireland is currently governed by Article 40 of the Constitution, common law and by the Defamation Act 2009 (the “2009 Act”). Article 40 of the Constitution states that the Government shall endeavor to vindicate “the life, person, good name and property rights of every citizen”. In a bid to put defamation on a more robust statutory footing in Ireland, the Defamation Act 2009 (the “2009 Act”) was enacted. Under the 2009 Act, Defamation became a statutory tort and is defined in Section 6 of the 2009 Act as;

INSIGHTS | LITIGATION & DISPUTE RESOLUTION | BY SHANE GRACE The Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 (the “Act”) which was signed into law on 11 July 2023 was commenced by the Minister for Enterprise, Trade and Employment (the “Minister”) on 30 April 2024. This is a significant development as Ireland has, until now, lacked any provision for multi-party actions and reform has long been called for in this area.

COMMERCIAL REAL ESTATE | CONSTRUCTION | INSIGHTS | RENEWABLE ENERGY | BY KEITH DOYLE Introduction The Revised Energy Performance of Buildings Directive (the “Revised Directive”) was adopted by the European Parliament on 12 March 2024 and will be published shortly in the Official Journal of the European Union.  Over the next two years Member States of the EU will be required to transpose the Revised Directive into national law. This article looks at what is new in the Revised Directive and how this affects the Irish Real Estate sector.

COMMERCIAL REAL ESTATE | INSIGHTS | BY ANNE MARIE JENNINGS In an ever-changing and fast-moving commercial environment, tenants are increasingly considering the need for more flexible workspace to cater for changing working practices. Existing premises may not always be suitable or capable of being adapted to cater for these demands. In this article, we consider the options available to a commercial tenant looking to upsize, downsize, move on from impractical space, or just relocate to alternative premises.

CORPORATE | INSIGHTS | MERGERS & ACQUISITIONS | BY JOE MCVEIGH Preparing your business for sale is a significant endeavour, one that requires meticulous planning, thorough documentation, and expert guidance. With the optimistic outlook for M&A in Ireland in 2024, there is an anticipation that even more business owners will be looking to sell this year. Whether you’re considering selling in the near future or just contemplating the idea, it’s essential to understand the process and the key players involved.

EMPLOYMENT & BENEFITS | INSIGHTS | BY RICHARD LEE Introduction On 7 March 2024 the right to request flexible or remote working for employees under the Work Life Balance and Miscellaneous Provisions Act 2023 (“the Act”) came into force. Furthermore, the long-awaited WRC Code of Practice for Employers and Employees on the Right to Request Remote and Flexible Working (“the Code”) was published by the WRC on the same day.

COMMERCIAL REAL ESTATE | NEWS | BY MARK HOMAN   BHSM LLP are delighted to announce the appointment of Keith Doyle as Partner (pictured, centre). Keith joined BHSM LLP in 2021 as a Senior Associate and works with our Commercial Real Estate Department, having spent a number of years in the Commercial Real Estate Department of a Big 6 Law Firm in Dublin. Keith has advised on the acquisition, disposal and leasing of a wide variety of real estate assets including development sites; offices; retail centres; mixed use developments; primary care and nursing home facilities; warehousing and logistical units; PRS apartment developments; hotels and wind farm energy projects. Keith also has extensive experience in real estate and development finance transactions, having worked extensively with pillar banks, non-bank lenders and high-profile international funders across a range of medium and high value transactions. Commenting on the new appointment, Mark Homan, Managing Partner at BHSM LLP (pictured right), said: “I would like to congratulate Keith on his appointment. Keith is an excellent practitioner, highly knowledgeable and skilled in the complexities of real estate law. He has gained invaluable experience over his career to date. I look forward to many years of working alongside Keith in serving our clients’ needs.” To find out more about the appointment, please click the link below: Biography – Keith Doyle, Partner, Commercial Real Estate Department Pictured (left to right): Giles G. Smyth (Partner, Head of Commercial Real Estate), Keith Doyle (Partner, Commercial Real Estate), Mark Homan (Managing Partner, Head of Insolvency & Corporate Restructuring)

COMMERCIAL REAL ESTATE | CORPORATE | NEWS | PRIVATE CLIENT | BY MARK HOMAN BHSM LLP is thrilled to welcome Hannah Kenny and Jessica Russell as newly qualified solicitors in our Real Estate and Corporate Departments, respectively. Hannah and Jessica have recently completed their training at BHSM LLP and officially qualified as Solicitors.

LITIGATION & DISPUTE RESOLUTION | NEWS | BY MARK HOMAN Seamus has joined BHSM LLP as a Solicitor in our Litigation & Dispute Resolution Department. Seamus advises both corporations and individuals in a broad range of commercial disputes to include contractual disputes, property related disputes and asset recovery matters. Seamus also advises in defamation actions and in litigation related to data and privacy disputes.

BHSM LLP are delighted to announce the dual appointment of Nadine Cannon (pictured left) and Stephen McVeigh (pictured right) as Solicitors in our Corporate Team.

Elaine has joined BHSM LLP as a Senior Associate in our Litigation & Dispute Resolution Department. She will also be managing our Asset Recovery team on a daily basis.

Brenda Ntambirweki joins BHSM LLP’s Corporate Team as a Senior Associate. She has extensive cross-border experience in public and private M&A in the Middle East and East Africa, having spent a decade in the Corporate / M&A team of a leading law firm in Kuwait and a few years prior to that practicing with leading law firms in Uganda.

BHSM LLP are delighted to announce the appointment of Conor Mac Nally as Partner and Head of Banking & Finance (pictured right).

A recent ruling of Tullamore Circuit Court in the context of a Personal Insolvency Arrangement is requiring Pepper Finance to apply a fixed interest rate to a mortgage.

The real estate industry is no exception as the world becomes increasingly focused on sustainability and reducing carbon emissions.

Welcome to “10 minutes with…”, a series where we sit down with BHSM team members to gain insights into their careers and experiences.

The Work Life Balance and Miscellaneous Provisions Act 2023 (“the Act”) was signed into law on 4 April 2023. The Act introduces a range of measures which provide greater flexibility for employees seeking to balance their family life, work life and caring responsibilities.

With World Earth Day around the corner and the increasing awareness around sustainability in our homes and businesses, Rachel Nangle looks at the options available to residential and commercial property owners in Ireland, in particular, looking at the options available to allow for a greener home without the need to apply for planning permission.

One of the most crucial concerns for both landlords and tenants when negotiating a commercial lease is the repairing obligations of each party.

Landowners and developers should be aware of a new statutory charge on land set to be introduced as part of the Land Value Sharing (LVS) element of the government’s Housing for All programme.

The Companies (Corporate Enforcement Authority) Act 2021 (“Act”) has brought in some key changes to company law in Ireland. From Sunday 23 April 2023, there will now be a requirement for all directors in Ireland to state their PPS numbers when completing Companies Registration Office (“CRO”) filing forms.