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THE TENANT OF Bewley’s Café premises on Dublin’s Grafton Street will continue to pay €1.5 million in rent after the Supreme Court upheld an appeal against a decision that mandated a reduction.
The landlord, Johnny Ronan-controlled Ickandel Limited, had appealed a judgment secured by Bewley’s in the High Court last year against the upward-only nature of the rental contract agreed 35 years ago.
The last rental agreement was struck on January 1 2007, at the height of the property bubble, when rental costs on Dublin’s main shopping streets were among the highest in the world.
The appeal followed a decision by Mr. Justice Charleton in the High Court last year which stipulated that the rent must come down.
The case was appealed to the Supreme Court by Ickandel, which had its loans transferred into Nama when the economy collapsed.
Original judgment
Delivering his original judgment, Justice Charleton said that from the time of signing the contract “there had been marked deflation in the rental and housing purchase sector”, and that “the last rent was at the height of the property price inflation that undermined the Irish economy”.
He found that the parties had agreed never to fall below the initially agreed rent, but not “for anything other than a fair and open market rent”.
Reaction
Bewleys say they are “immensely disappointed with the judgment” and will consider it with legal advice.
Group CEO John Cahill said:
“The landlord has managed to achieve an oppressive rent of €1.5million that was set in 2007, at the height of the unsustainable property bubble and is double the market rate at 1 January 2012.”
He continued:
All we have sought is an acknowledgement of economic reality and fair treatment with a rent that reflects market values, but this has been blocked by Nama and the landlord.
Retail Excellence Ireland said that today’s decision is bad for jobs and investment in the domestic economy.
Chief executive David Fitzsimons said: “This decision will simply undermine a potential return to stability in the domestic economy and will lead to the loss of vulnerable jobs in the Irish retail industry.”
The decision of the Supreme Court to apply the terms of this onerous lease proves how out of kilter legacy commercial leases are with a turbulent domestic economy.
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Cos Trump supporters are easily led cult followers, that’s it.
@Pete Crosbie: An example of the intolerant left
@Vic Vinegar: No one is required to tolerate the behavior of others when it harm’s or puts 3rd parties at risk. Like in a pandemic.
@Vic Vinegar: Right Wingers: literally putting the lives of thousands at risk by blocking access to hospitals in the midst of a pandemic where the US has more deaths than anyone else.
Left Winger: Stop that it’s moronic
Right winger: SO MUCH FOR THE TOLERANT LEFT!!
@Keith O’Reilly: you’re easily led by the sounds of it
@Vic Vinegar: so anyone who criticises Trump supporters are the intolerant left. I’m criticising them, not because I’m part of the left, but because there dopes. As Trump himself said in people magazine in 1998, if he ran for president he would do so as a republican, as they are stupid and believe everything they see on Fox News. But hey Viv, you keep doing what you’re doing, you never know someday you might formulate an informed opinion all on your own.
@Chyippo: 1) The US has more deaths than any other country because the figures coming out of bigger countries cannot be trusted, e.g. China!
2) The US is actually doing better than a host of European countries including IRELAND! Why dont you vent your anger closer to home!
@Vic Vinegar: troll alert!
@JackSimpson: but you can trust this guy..
February 26, 2020. President Trump: “When you have 15 people, and the 15 within a couple of days is going to be down close to zero, that’s a pretty good job we’ve done.”
“We think and we hope, based on all signs that the problem goes away in April” February 13th
There are now 771.000 cases and over 41,000 deaths.
Did any other world leader run their mouth like that and grossly underestimate the threat to this degree ?
@Diaspora’d: 1) DT did underestimate the problem along with most world leaders, heathcare officials (including Fauci on multiple occasions), WHO, etc. If we can no longer trust DT as he underestimated the issue, are you saying that we no longer trust the WHO, most other world leaders and health officials who also underestimated the problem?
2) “We think and we hope, based on all signs that the problem goes away in April” February 13th – In hindsight, it was not an accurate prediction. The comment was from Feb and a lot has happened since. Lets look at what happened back in Jan and Feb. Due to China’s slow response, the world really didn’t know anything about this until Jan 7th when it was named. The first confirmed case of CV in the US was Jan 21st. On Jan 21st Fauci (one of the worlds leading experts on this) said that the virus was not a major threat to the ppl of the US and is not something ppl should be worried about now. On Jan 23rd, Fauci said that there was no chance in the world that the US could shut down US major cities like they did in China. On Jan 26th, he said again that this is not something the US ppl should worry about. Virus task forced annouced on Jan 29th. China flight ban announced on Jan 31st. Meanwhile, the dems and their mob in the media are still embroiled in the impeachment hoax. On the same day as DT announced the travel ban, Fauci said, we still have low risk to the US public. On Feb 1st, Biden said DT was fearmongering. On Feb 5th, an NYT headline “Who says it is not safe to travel to China” – the CV travel ban is unjust and does not work anyway. On Feb 6th, Biden calls DT xenophobic. On Feb 7, Pelosi calls DT racist + tells people to go out and visit Chinatown. On February 17th, Fauci called the risk of CV in US as minuscule – skip mask and wash hands. On March 9th, Fauci said that going on a cruise is okay if you are healthy.
3) “There are now 771.000 cases and over 41,000 deaths.” The US is not doing great but there are many countries doing worse, most in Europe, yet no criticism of them! I can only think of 2 reasons for all the Trump bashing: i) Ratings and/or ii) Trump is an anti-globalist. As of today, the US is on 126 deaths per 1 million ppl vs 503 in Belgium, 446 in Spain, 399 in Italy, 310 in France, 243 in UK, 219 in Netherlands, 165 in Switzerland, 156 in Sweden and 139 in IRELAND. On the testing front (tests per million), the US is doing okay too at just over 12,000 tests per 1 million, ahead of many European countries.
@JackSimpson: you missed the point.
Trump really went out of his way to downplay the threat to such an extreme degree that he made ludicrous statements that were so way off the mark.
@JackSimpson: Keep taking the tablets they may eventually work
Sort of ironic to see the protesters showing ‘Freedom banners’ and protesting the restrictions ….while wearing face masks.
@Honeybee: I’d say let them at it if it only impacted themselves… but they could end up causing the death of someone innocent. And I say innocent because someone trying to abide by the restrictions and reduce the load on the health system is innocent. Fair play to the nurses and doctors who showed up to block them. Let them work a shift in a hospital and then see if they feel the same.
@Honeybee: and assault weapons … to much violence to kill a virus
I think Darwin would have had serious problems applying his theory of evolution to modern day America.
@sally: well in some millions of years probably if they survive they will evolve in something similar to another kind of ape …
@sally: these are only the Fringe elements. The numbers are shockingly low if your aTrump supporter. The vast majority of ppl are adhering to the guidelines and 2/3s of Americans believe Trump acted too slowly. Why was he elected? The hate vote and the unforeseen Donkey vote ! Hope the donkeys have learned their lesson.
Trump is a fan because he sees everything as a popularity contest. It is amusing seeing some of these protestors in full ppe
@Bennett blaster: Trump is the biggest narcissist in human history … although he seems to be not human
Trump is the best thing that happened that Country .. Roll on 4 more years
@Maurice O Neill: Roll more of your powerful wacky backy..
@Maurice O Neill: i ws gonna ask you for even one example of how the US is better today than when he took office but I couldn’t care less in engaging in a discussion with a moron so jog on ya fool.
@Dave Hammond: My shares in a US company went up by 45 per cent
@Maurice O Neill: 45%…Thats very good, even Trumps approval rating is not that high
“One of the protesters, talk show host Ian Freeman, said: “Even if the virus were 10 times as dangerous as it is, I still wouldn’t stay inside my home. I’d rather take the risk and be a free person.””
This just sums it up. There is no defending this. Some in the US just will not listen to reason if they think it impinges on their FREEDUM
@Terrence Edwards: the refrain is “Life, Liberty and the pursuit of happiness”
Notice that “Life” come first?
These protestors are putting that in danger.
Wish Trump and Pence would join them on the protest lines without a face mask and then tell them that there is nothing to worry about.
Because there are a lot of ill informed people out there and not only in the USA .
The simple answer to the question in the headline is their president is a muppet.
Pence is a slimy character.
Americans are getting just a one-off payment of $1200 and this won‘t go far if you are out of work for weeks/months on end. Easy to call them dumb Americans but maybe they are worried about putting food on the table and paying their bills
@Newto2016: Maybe they shouldn’t have voted for Trump then. It’s kind of tragic that these same people will vote for him again.
@Johnny 5: but Trump has been good for their economy?
@Newto2016: Yes . They call themselves the greatest nation in the world but they have an inadequate medical system , if you are not filthy rich , and an inadequate social welfare system . A third world country could do better . !!!!
@Chewey Bacca: How is Trump better for their economy except causing all the US companies losing revenues from trade wars and having to spend more on sourcing manpower and raw materials? And even if the economy was better as you said, have the American people been distributed with more wealth and benefits? Reality is they can’t even get a test for Covid??!
@Mary Mc Carthy: You’re flat out wrong. The vast majority of Americans have health insurance either through their employer, privately, through the VA or through a government programme like medicare or medicaid etc. Standards of care far surpass anything that exists in Ireland and this is reflected in the fact that the US has the highest cancer survival rates, survival after heart attack, stroke etc. Trauma care is second to none. Access to novel therapies, imaging, new forms of surgery etc are better than any other country. They have the best managed, resourced and innovative hospitals in the world. The reality is that the world benefits hugely from American innovation in health care – virtually every medical innovation in the last 80 years has come from the US medical system and they are the biggest funders of research world wide. The notion that its only for “the filthy rich” is simply not true. Also, its worth pointing out that the standard of living of the poor in the US in PPP is higher than the equivalent standard of living of the middle class in most of the world – including in many European countries. So to say a third world country could do better so way off the mark. That’s why its so hard to get a Visa btw, there’s no shortage of people trying.
@Damon16: High standard PPE doesn’t stop ya from getting infected does it? With all the time wasted trying to get “high standard” tens of thousands of medical workers are being told to use bin bags and scarfs for protection???
@Damon16: I live in the U.S. My co-worker’s Wife has a blood conditioning and went in for a routine screening and treatment two months ago. She was in there for four whole hours and got a bill for &10,000. This is happening all over the country. The health plans in place aren’t worth the paper they’re printed on. A lot of money was spent by the medical industry to prevent Clinton getting in and continuing Obamacare . Trump came in and dismantled it, giving two Trillion back to the fat cats.
@Damon16: with many health insurance plans in the USA you have to pay thousands out of pocket before insurance kicks in. When I worked in insurance here, I had a few times where I spoke to people in America arranging cover for a parent living here. They were genuinely surprised that you could get full cover in all hospitals in Ireland for (at the time) less than €6000 a year, with no deductible/out of pocket payments. A few of them expected that to be the monthly figure.
Also, a huge amount of medical knowledge we have today is based on human experiments carried out by nazis on those in concentration camps.
@Damon16: Why do you deliberately misconstrue the topic. True the top tier of health insurance does provide all those lovely health benefits for the select few. That is not a health system. The overall health system in the USA is on a par with many poor countries. The ordinary workers in shops and restaurants have poorer health outcomes because they either cannot afford to be insured or the insurance cover they have is so basic. Where it really matters births and deaths. The US has a high level of deaths per thousand births than most poorer European countries and a lower median age of death for males and females. Thats despite the fact that in the US spending is far higher.
@Newto2016: I’ve been furloughed in Minnesota, I get half my wage in unemployment plus a $600 a week covid top up and the 1200, I’m still afloat and many folks are too. Don’t belive everything you read in the papers.
@Damon16: The US has many good points if you can afford the health insurance. There are also drawbacks as the US has a problem with obesity. Yes it is also a problem in many other countries but it is particularly bad in the USA among people of all ages. https://www.healthsystemtracker.org/chart-collection/quality-u-s-healthcare-system-compare-countries/
@Newto2016: In addition, what effect will a destroyed economy have on the health and wellbeing of US citizens!
@Damon16: yes here in the US we do have one of the worlds best health care… if you can afford it. The VA is veterans only but many want to be treated at private institutions due to geographic access, even though they get good care. Oh and the reason there many more people who have access to same basic health insurance is because of the Affordable Health Care Act, yes millions of ppl who otherwise wouldn’t. Oh and Trump wants to end that bc it is an Obama era program. He says he has a bigger and better program but there’s nothing beyond that! His plan is probably “Don’t get sick, but if you do hurry up and die”.
@JackSimpson: might die is a better option than will die
@Seriousnojoke: l think that was sarcasm. …
Murica, what else.
@Rob: What do you base that on? Most Americans are very sensibly staying in, washing their hands to surgical standards and staying alive. A handful of tiny groups out shouting about their frustrations isn’t all of the people. Two-thirds at least are well-informed and independent enough to do the right thing by others.
Because they are thick as planks . Personally I do not care if they get sick or not but I do care that they can pass it on to vulnerable people . They are selfish moronic idiots with no empathy or compassion …. much like their leader !
Like their objections to gun control they care about more than their amendments , words written on paper , than human lives !!!!!
They should be warnings on every border into the US … ‘ Enter at your own risk ‘ ……
@Mary Mc Carthy: 10000% agree!
Because Americans by nature are self entitled insufferable know it alls. They think they know best and one hint of the ‘rights’ being infringed on they throw their toys out of the Pram.
Easily the most ignorant and uneducated nation in the world.
I’ve lived in Minnesota for the last 5 years, it’s very like home, population wise and attitude wise. A couple of hundred eejits outside the governor’s residence doesn’t indicate anything other than a couple of hundred eejits wanted a day out. The majority of folks think that Governor Walz is doing a good job, in the current climate. The media loves to paint a sweeping generalisation that yanks are thick, not true. Just like all us Paddys are not alcoholics who sing top o’ the mornin to ya. Media = drama.
@Ali Fortune Harris: You’re right. Media = entertainment. Their advertising income has fallen, so any news is a bonus to the media. I worry that it makes the media more vulnerable to the influence of vested interests who are promoting this suicidal notion of going out and about. Reassuring to read that at least 66% of North Americans are sensible, and well-informed. They’ve probably read this National Geographic article on how the 1918 pandemic spread in assorted US cities:
Because dumb is infectious and De Vos pays for it to happen.
Cause the brain cell that there all using has left – let’s hope Darwinism will sort till all out
@The Red Devil: they belong to that kind of apes that has 2 neurons 1 open their eyes and the other one close it, so when they are talking as their stupid president, they are deaf, forget that they think, … impossible
The anti-Trump looneys are out in force today!
The thing in America there doesn’t appear to be a safety net for people who live there, and that’s why they are desperate to get back to work !
Maybe cause their never was a government gave back power after it done with whatever war. Excuse of the moment.
Because Americans are Thick
To remain at home in order to stop a disease that could kill everybody is seen by these stupid people as a threat to their freedom, and in order to impose their ideas they need assault weapons???? This is really sick..
@Jose Luis: The country is at war with this virus, the equivalent is being in a bomb shelter and protesting that you have the right to go outside while bombs are dropping from sky.
@Diaspora’d: No, that’s not the equivalent. If you go outside of the bomb shelter it’s only yourself that will get hurt or killed. During a pandemic you are risking the lives of other people too.
@John Scott: t
@John Scott: they’re insisting that the bomb shelter doors are open
Because they’re morons listening to a moron!
No explanation needed, some Americans are ignorant morons.
@Raymond Dennehy: They really really are…
These protests are politically motivated to deflect from Trumps disastrous handling of the crisis. The protests in Virginia are sponsored by a group funded Betsy De Vos Trumps evil and obnoxious education secretary who is trying to destroy the public education system in the US. All Republicans are evil, special place in hell for them
Because they’re stupid!
Take it from this American ex-pat… they really are that stupid and ignorant en-masse.
@Todd Hebert: and another one right here. I shake my head every day over what’s going on
10 – 14 days from now these people will start to see why they should have stayed indoors
have your say