Matheson


Practice Areas

Property Litigation

Related Expertise




Expertise

"A respected player with a very positive approach."
Chambers Europe

Our Property Litigation Group is one of the largest in Ireland. We handle every type of real property dispute and have experience with major office blocks, data centres, hotels and leisure facilities, retail and business centres, manufacturing facilities and energy plants. We also have significant experience of undeveloped and part-developed projects.

Our lawyers provide practical dispute avoidance and resolution services, based on their keen working knowledge of the sector. Working closely with the lawyers in our Commercial Property Department and Insolvency Group, we provide a solution-oriented service. We have considerable experience in arbitrations, expert determinations, mediations and court proceedings. We regularly represent clients in real estate disputes before the Circuit Court, High Court and Commercial Court.

Lawyers in the group advise landlords, tenants, developers, insolvency practitioners, banks, local authorities and public bodies on:

  • specific performance
  • commercial landlord and tenant actions, including disputes regarding break options
  • contested lease renewals
  • disputes concerning development agreements
  • disputes in relation to consent to assignment, alterations, changes of use and under-letting
  • joint venture disputes
  • boundary disputes
  • trespass and unauthorised occupation
  • judicial review and statutory challenges in planning and other related matters
  • rights of way
  • dilapidations
  • forfeiture
  • rent recovery
  • rent review
  • rates disputes
  • claims against management companies
  • insolvency-related disputes, including advising insolvency practitioners, and advising on a landlord's remedies in the case of an insolvent tenant

Experience Highlights

Representative cases include representing and advising:

  • UK telecommunications company in Commercial Court proceedings against its landlord regarding a disputed break in a lease.
  • Ickendell (the owner of Bewleys Café, Grafton Street, Dublin) in respect of an ongoing dispute with its tenant as to whether a rent review clause is “upwards only” – currently on appeal to the Supreme Court.  Advising in respect of related rent review arbitration.
  • A landlord with multiple holdings in High Court and Supreme Court proceedings regarding a constitutional challenge to the ground rents legislation.
  • A property developer in Commercial Court litigation against a large retail multiple regarding the a development agreement.
  • Various retail clients in rent review arbitrations, including advising in respect of a challenge to appointment of an arbitrator.
  • A number of property developers / receivers in initiating and managing specific performance proceedings against proposed purchasers of residential properties.
  • A large scale property developer in the Commercial Court seeking declaratory relief in respect of a dispute involving contract for sale of land.
  • A developer (with NAMA’s consent) in High Court commercial landlord and tenant proceedings arising from non-payment of rent and enforcement of guarantees; defending counterclaims regarding unreasonable withholding of consent to sub-letting.
  • Receiver over retail units in Sandyford development. This includes obtaining vacant possession, instituting summary and plenary proceedings for ejectment and recovery of rent arrears and negotiating settlement agreements.
  • Receiver over retail units in Dublin 8. This involved advising on the most efficient means of obtaining vacant possession, including instituting summary proceedings for ejectment and the recovery of rent arrears.
  • Receiver over certain commercial units in Dublin 2. This involved obtaining vacant possession and negotiating settlement agreements.
  • Public sector developer regarding pyrite claims in residential development.
  • Statutory undertakings in the electricity and other regulated sectors regarding wayleave powers, and valuation mechanisms for compulsory wayleaves.
  • Various developers in disputed right of way claims, and regarding proceedings for trespass and nuisance.
  • Private Residential Tenancies Board, in relation to the exercise of its functions and enforcement role, and in defending High Court judicial review proceedings.

Accolades

"I would rate the firm very highly - the lawyers are client focused and have a wealth of knowledge."
Chamber Europe 2015

"These lawyers are sharp, thorough, fast and efficient. They know what has to be done in a case and are proactive in doing it."
Chambers Europe 2015

"The firm is very good at bringing the entire team to the table. It does everything to make the client’s job easier and gives a full picture rather than just looking at one element of the deal."
Chambers Europe 2014

"A respected player with a very positive approach. The team knows the points to fight and the points to concede."
Chambers Europe 2013

"The team is knowledgeable, practical and aware of our needs. It comes up with proactive and beneficial solutions."
Chambers Europe 2012

"It is an exceptionally solution-oriented team that is fantastic at cutting through all the mess and getting to the bottom line."
Chambers Europe 2012

"A respected player with a very positive approach."
Chambers Europe

Our Property Litigation Group is one of the largest in Ireland. We handle every type of real property dispute and have experience with major office blocks, data centres, hotels and leisure facilities, retail and business centres, manufacturing facilities and energy plants. We also have significant experience of undeveloped and part-developed projects.

Our lawyers provide practical dispute avoidance and resolution services, based on their keen working knowledge of the sector. Working closely with the lawyers in our Commercial Property Department and Insolvency Group, we provide a solution-oriented service. We have considerable experience in arbitrations, expert determinations, mediations and court proceedings. We regularly represent clients in real estate disputes before the Circuit Court, High Court and Commercial Court.

Lawyers in the group advise landlords, tenants, developers, insolvency practitioners, banks, local authorities and public bodies on:

  • specific performance
  • commercial landlord and tenant actions, including disputes regarding break options
  • contested lease renewals
  • disputes concerning development agreements
  • disputes in relation to consent to assignment, alterations, changes of use and under-letting
  • joint venture disputes
  • boundary disputes
  • trespass and unauthorised occupation
  • judicial review and statutory challenges in planning and other related matters
  • rights of way
  • dilapidations
  • forfeiture
  • rent recovery
  • rent review
  • rates disputes
  • claims against management companies
  • insolvency-related disputes, including advising insolvency practitioners, and advising on a landlord's remedies in the case of an insolvent tenant

Representative cases include representing and advising:

  • UK telecommunications company in Commercial Court proceedings against its landlord regarding a disputed break in a lease.
  • Ickendell (the owner of Bewleys Café, Grafton Street, Dublin) in respect of an ongoing dispute with its tenant as to whether a rent review clause is “upwards only” – currently on appeal to the Supreme Court.  Advising in respect of related rent review arbitration.
  • A landlord with multiple holdings in High Court and Supreme Court proceedings regarding a constitutional challenge to the ground rents legislation.
  • A property developer in Commercial Court litigation against a large retail multiple regarding the a development agreement.
  • Various retail clients in rent review arbitrations, including advising in respect of a challenge to appointment of an arbitrator.
  • A number of property developers / receivers in initiating and managing specific performance proceedings against proposed purchasers of residential properties.
  • A large scale property developer in the Commercial Court seeking declaratory relief in respect of a dispute involving contract for sale of land.
  • A developer (with NAMA’s consent) in High Court commercial landlord and tenant proceedings arising from non-payment of rent and enforcement of guarantees; defending counterclaims regarding unreasonable withholding of consent to sub-letting.
  • Receiver over retail units in Sandyford development. This includes obtaining vacant possession, instituting summary and plenary proceedings for ejectment and recovery of rent arrears and negotiating settlement agreements.
  • Receiver over retail units in Dublin 8. This involved advising on the most efficient means of obtaining vacant possession, including instituting summary proceedings for ejectment and the recovery of rent arrears.
  • Receiver over certain commercial units in Dublin 2. This involved obtaining vacant possession and negotiating settlement agreements.
  • Public sector developer regarding pyrite claims in residential development.
  • Statutory undertakings in the electricity and other regulated sectors regarding wayleave powers, and valuation mechanisms for compulsory wayleaves.
  • Various developers in disputed right of way claims, and regarding proceedings for trespass and nuisance.
  • Private Residential Tenancies Board, in relation to the exercise of its functions and enforcement role, and in defending High Court judicial review proceedings.

"I would rate the firm very highly - the lawyers are client focused and have a wealth of knowledge."
Chamber Europe 2015

"These lawyers are sharp, thorough, fast and efficient. They know what has to be done in a case and are proactive in doing it."
Chambers Europe 2015

"The firm is very good at bringing the entire team to the table. It does everything to make the client’s job easier and gives a full picture rather than just looking at one element of the deal."
Chambers Europe 2014

"A respected player with a very positive approach. The team knows the points to fight and the points to concede."
Chambers Europe 2013

"The team is knowledgeable, practical and aware of our needs. It comes up with proactive and beneficial solutions."
Chambers Europe 2012

"It is an exceptionally solution-oriented team that is fantastic at cutting through all the mess and getting to the bottom line."
Chambers Europe 2012



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