In Practice

THE CENTRAL OFFICE

As our members will have noticed, the central office is now operating on an appointment only basis and this will be the case for the foreseeable future. Regarding this and any concerns practitioners may have where they have urgent matters, will you please note the following: 1. The courts service has confirmed to me that every email for an appointment will be responded to within 15 minutes. 2. Each appointment is for a ten-minute slot.

There are reasons for this, but please note

that they have made it clear to me that anyone can book several appointments in a row if they have a number of documents that are going to take longer than ten minutes. There’s nothing to stop any office doing that. 3. In urgent cases I have been assured that practitioners will be facilitated as quickly as possible. 4. The central office has indicated that a number of practitioners book appointments and then do not attend. There will of course be occasions where the appointment has to be cancelled and they have asked if practitioners could please make sure they cancel the appointment. There will be absolutely no difficulty in doing so, and it will allow other members to get a quick appointment.

DSBA Litigation Committee

DUBLIN CIVIL CIRCUIT COURT MOTION LIST

Recent measures announced by the Dublin Civil Office to address delays caused by Covid-19 are very welcome. The process is ongoing, and it is important that practitioners regularly check the “News” section of Courts.ie, together with the Legal Diaries to ensure they don’t miss date changes relevant to their cases as separate notifications will not issue to firms.

1. County Registrar Motions

The following date changes have been made:

Original Date 8 November 2022 15 November 2022

New Date 26 April 2022 26 April 2022 22 November 2022 3 May 2022 29 November 2022 3 May 2022 6 December 2022 5 May 2022 13 December 2022 5 May 2022 20 December 2022 10 May 2022 17 January 2023 10 May 2022 24 January 2023 12 May 2022 31 January 2023 12 May 2022 7 February 2023 16 May 2022 14 February 2023 16 May 2022 21 February 2023 17 May 2022 28 February 2023 17 May 2022 7 March 2023 18 May 2022 14 March 2023 18 May 2022 21 March 2023 19 May 2022 28 March 2023 19 May 2022 4 April 2023 20 May 2022 11 April 2023 20 May 2022 18 April 2023 23 May 2022 25 April 2023 23 May 2022 7 May 2023 24 May 2022 9 May 2023 24 May 2022 16 May 2023 26 May 2022 23 May 2023 26 May 2022 30 May 2023 27 May 2022

The lists will be limited to 100 motions each and practitioners should check the Legal Diary for the relevant new date to confirm their matter is listed.

The moving party in each application must notify the respondent of the new hearing date and proof of such notification will be required for Court.

It is no longer necessary to lodge motion booklets/booklets of pleadings with Dublin Civil Office or Dublin Family Office in advance of County Registrar matters, and such booklets should be handed into Court on the day of the hearing and will be returned to the practitioner in Court. Motion booklets/ booklets of pleadings are no longer accepted by Dublin Civil Office or Dublin Circuit Family Office.

POST COVID HEARINGS

Gradually the courts are beginning to get back to some form of normality. The number of persons who can attend within a court has increased and practitioners should exercise their discretion where appropriate. Where they aren’t involved in a case they should ideally stay outside the courtroom.

It is the courts service’s intention and the judiciary’s intention that personal hearings return. However, one of the benefits of Covid, has been the remote call over which practitioners, judges and the courts service have found to be a most useful vehicle. In accordance with this, it is the courts service’s intention that call overs continue remotely. Regarding motions, if there is a complicated motion that’s going to take some time, the courts are happy to deal with that on a personal basis. Ideally all brief motions based on affidavit can continue to be dealt with remotely, thus saving time. Neither the judiciary nor the courts service have any objection to personal hearings per se. Each applicant can apply to the courts service to indicate the manner in which they wish to attend.

DSBA Litigation Committee

Recently Enacted ConveyancingRelated Legislation

1. Residential Tenancies (Amendment) Act 2021 (enacted 11 December 2021) As of 11 December 2021, annual rent increases for both new and existing tenancies in Rent Pressure Zones in line with the market rent cannot exceed the lower of (a) inflation as recorded in the Harmonised Index of Consumer Prices and (b) 2% per annum on a pro rata basis.

The Act also removes a landlord’s statutory right to terminate all new Part 4 tenancies created on or after 11 June 2022 without reason at the end of 6 years, so that the protection from termination provided for such Part 4 tenancies is of unlimited duration. This means that Part 4 tenancies created on or after 11 June 2022 may only be terminated by a landlord for the specific reasons set out in section 34 of the Residential Tenancies Act 2004.

2. Planning and Development (Amendment) (Large-scale Residential Development) Act 2021 (enacted 14 December 2021) This Act amends and extends the Planning and Development Acts 2000 to 2021 in relation to applications for planning permission for certain largescale residential development.

It also amends Part V of the Planning and Development Act 2000 so that the need for housing for owner-occupiers can be taken into account in housing strategies and it makes provision in relation to applications to the Supreme Court to determine certain appeals.

3. Land Registration Rules 2021 (enacted 16 December 2021) These rules amend the provisions for the registration of easement and profits a prendre pursuant to Section 49A of the Registration of Title Act 1964 (as amended by the Land and Conveyancing Law Reform Act 2021).

These rules also amend the provisions for the registration of judgment mortgages pursuant to Section 116 of the Land and Conveyancing Law Reform Act 2009 to specifically include judgments of the Court of Appeal.

Amendments have been introduced in respect of Land Registry Forms 3, 5, 6, 57B, 60, 60A, 61, 64, 68, 84 and 96. In particular, solicitors should note the following amendment in bold made to Form 3: “The property in or over which the estate or interest acquired by the conveyance (or, other instrument) exists is shown for identification edged red [and lettered] on the application map lodged herewith”.

4. Electronic Commerce Act 2000 (Application of sections 12 to 23 to Registered Land) Regulations 2022 (enacted 9 February 2022)

Sections 12 to 23 of the Electronic Commerce Act 2000 shall now apply to the law governing the manner in which an interest in registered land may be created, acquired, disposed of or registered.

Further guidance may be required to ascertain whether a public body could refuse to accept an electronically signed document even if it is validly executed pursuant to s13 and therefore it would be advisable to confirm with the Property Registration Authority that it is willing to accept electronically executed documents.

5. Planning and Development Act (Exempted Development) Regulations 2022 (enacted on 21 February 2022) These Regulations extend, until 31 December 2025, the exempted development provisions of article 10 (6) of the Planning and Development Regulations 2001 (as amended) exempting development consisting of change of use, and any related works, from an existing specified use class to residential use (in certain circumstance and subject to conditions and limitations), from the requirement to obtain planning permission.

The Regulations also add a new use class (Clause 12 – public houses), to the specified use classes that can qualify to avail of the planning exemption (subject to certain conditions and limitations).

NOTE: None of the above is a substitute for reading the legislation itself and is only intended as a short summary of the relevant provisions and legislation referenced.