The second date of our two-day Central Law Training conference will provide you with 10 CPD Hours, representing a unique opportunity to get up to date on cutting edge issues in a variety of practice areas.
The breakdown of these 10 hours are as follows:
Of these 10 hours, 4 will be provided online via our online CPD learning hub.
CPD Conference, Saturday December 8th 2018.
Matters to be discussed include the following:
Family Law- A Review of Recent Case Law: Mary O’Toole S.C.
This paper will review recent decisions of the Supreme Court, the Court of Appeal and the High Court concerning a wide range of topics of interest to family law practitioners. Amongst the issues discussed in the papers will be:
- Polygamy – the issue as to whether an actual polygamous marriage / potentially polygamous marriage can be recognised as valid in Irish law was the subject of a recent Supreme Court judgment.
- The Court of Appeal have interpreted s.172(5) of the Civil Partnership certain rights and obligations of Cohabitants Act, 2010 on the issue of whether the periods of co-habitation required under the Act can be aggregated, or must be continuous in nature for the purposes of the Act. Essential reading for practitioners.
- The Court of Appeal have also handed down judgment in a case where they discuss the meaning and relevance of “gross and obvious” conduct in determining provision in Judicial Separation and Divorce proceedings. They also discuss how the Court should deal with assets that are not “fruits of the marriage” in an ample resources case.
- Last year’s paper looked at two reference judgments from the CJEU. This year the paper looks at both Supreme Court and Court of Appeal judgments following on from those judgments in relation to various provisions of Brussells II Bis.
- The paper will look at recent High Court judicial review decisions concerning the Child and Family Agency, and investigations into child sexual abuse and how such investigation should be conducted and the rights of the various parties.
- The paper will also look at two judgments of Mr. Justice Barrett concerning proceedings for recovery of fees, and taxation of costs in a family law case.
- There are also two interesting High Court judgments on the issue of contempt in family law proceedings which will be reviewed in the paper; one being a Judicial Review of circuit court attachment and committal proceedings and one being an application for attachment and committal before the High Court.
- The paper will also look at a judgment of Noonan J. in respect of a Judicial Review of a refusal to grant legal aid in family law related proceedings.
- Analysis of the judgment of the Supreme Court in IRM v the Minister for Justice appeal, in relation to whether or not an unborn is a child within the meaning of Article 42 A of the Constitution.
Criminal Law- A Review of Recent Developments: Deirdre Byrne
This section of the seminar will cover all the important criminal law decisions which were delivered by the Supreme Court, Court of Appeal (Civil & Criminal) and High Court in 2017. While the focus of the presentation will be aimed at District Court practice and procedure, the paper will include case law on the following topics:
- Access to legal advice, bail hearings, criminal judicial review themes,
- Search warrants, sentencing law, road traffic law,
- Habeas corpus applications, rules of evidence and case law on specific criminal offences.
Practical Probate- Administration of Estates Post Grant: Paula Fallon
- Collecting and vesting the assets.
- Discharging all debts.
- The correct order of payment of debts in a solvent estate. The First Schedule Part 2 of the Succession Act 1965
- Duties of the Legal Personal Representative: to protect and preserve the assets and avoid conflict of interests.
- Section 56 of the Succession Act: Duty of the Legal Personal Representative to notify the spouse/ civil partner of the Right of Appropriation.
- Duties of the Legal Personal Representative in relation to the spouse / civil partner: sections 109-115 and sections 120-121 of the Succession Act.
- Right of election under section 115.
- Spouse’s shares on intestacy.
Personal Injuries Litigation-
How the Courts Have Dealt with False and Exaggerated Claims: David Nolan S.C.
- What the Civil Liability and Courts Act, 2004 provides.
- Emerging trends in recent case law.
- Future Developments.
Property Disputes in relation to Residential Conveyancing: Suzanne Bainton and Mark Tottenham B.L.
Preliminary issues to consider
- The role of the Conveyancing Committee in adjudicating on contentious matters involving practice and procedure.
- The implications of the Mediation Act, 2017 for conveyancing disputes.
Matters arising under the contract
- When is it appropriate to make time the essence of the contract?
- Can a vendor rescind a sale where a purchaser raises a requisition which the vendor is unable or unwilling to comply with on the grounds of “unreasonable delay or expense or other reasonable ground”?
- Is a vendor deprived of the right to rescind where a purchaser maintains a claim for compensation in relation to a “material error”?
- Is it possible for a purchaser to claim compensation where a vendor delays in completion?
- Does the right to rescind arise where there is a failure by the vendor to disclose a notice referred to in general condition 35?
- What defences are available to a vendor where a purchaser attempts to rescind a sale because a declaration of compliance is erroneous or inaccurate?
- When is a purchaser who has rescinded a contract entitled to interest on the deposit?
- Is time deemed to be of the essence of the contract when a completion notice is served?
- What remedies are available to a vendor/purchaser upon service of a completion notice?
- Can the period of twenty- eight days be extended?
- Is a vendor deemed to be able, ready and willing to complete where the subject property is charged?
- What is the position if a vendor cannot give vacant possession at the time of the service of the completion notice?
- Forfeiture of Deposit and Re-sale of the Property: What happens if, within one year after the closing date, the vendor re-sells the property at a loss? Is the original purchaser liable for the loss? Is the vendor entitled to any increase in the sale price on any re-sale?
Case Law on Completion Notices
- The court’s assessment of whether the completion notice is valid and effective: Roche v Leacy
- Is the service of a completion notice a pre-requisite to bringing proceedings for specific performance? Collins v Duffy
- Can a solicitor who has closed a sale on the basis of an undertaking which is not complied with issue a valid completion notice? O’ Donnell and Another v O Brien
- Is a vendor entitled to specific performance where an order vacating a lis pendens was made on the date of expiry of the completion notice but the perfection of the order and other relevant formalities had not yet taken place? Roche v Leacy
- Must an agreement to extend a completion notice be made before the expiry of that notice in order for time to remain of the essence? Mac a Bhaird v Commissioner of Public Works
- Perils in practice: Does a solicitor run the risk of a negligence action for failing to complete a sale following receipt of a completion notice? Pierse Desmond v NicFhionnlaoich
- Is a court likely to order damages in lieu of specific performance where a purchaser is unable to perform his contractual obligations and complete the sale following the service of a completion notice? Park East South East Construction Ltd V Benesch
Case Law- whether contracts for sale are binding in the absence of formal documentation:
Recent case law in relation to “Subject to Contract”
- Will a defendant be able to successfully argue that a letter headed “subject to contract/contract denied” “modifies or qualifies “the terms of a subsequent contract? Tighe v Carey
- Is a deposit paid during the course of negotiations which do not result in a binding contract, held by the vendor’s solicitor as stakeholder or as agent? In Re Protim Abrasives Ltd; Wallace v Rooney
- “Subject to Contract”: Will the use of this rubic preclude the application of the doctrine of proprietary estoppel where specific performance of the contract is sought? Prunty v Crowley
- “Materiality of a closing date”: When is agreement on a closing date essential for the existence of a concluded contract? Globe Entertainment Ltd V Pub Pool Ltd
- Application of the principles in Mackin v Wilde: Can a defendant rely on the terms of the Statute of Frauds to avoid contractual liability where the plaintiff has acted to its detriment on an assurance given by the defendant? JLT Financial Services v Gannon