Mondaq All Regions - Ireland: Insolvency/Bankruptcy/Re-structuring
Mason Hayes & Curran
The European Court of Justice has held that a director of an English company can be liable for breach of German company law where insolvency proceedings are opened in Germany.
Mason Hayes & Curran
A recent practice direction (HC72) has provided important guidance on the role of a "McKenzie Friend" in assisting lay litigants before the civil courts.
Ronan Daly Jermyn
A recent decision of Judge Susan Ryan in the Dublin Circuit Court is likely to have a substantial impact on debtors seeking to enter into a Personal Insolvency Arrangement with their creditors.
Ronan Daly Jermyn
In line with a recent decision of Judge Susan Ryan in the Dublin Circuit Court (further details of which can be found here),
Mason Hayes & Curran
Further evidence that Ireland is emerging from economic recession can be seen in the publication of the Courts Service Annual Report 2016 (the Report).
Mason Hayes & Curran
The Court of Appeal has helpfully confirmed that a judgment creditor can seek an order appointing a receiver by way of equitable execution where:
Maples and Calder
Many businesses in Ireland borrowed significantly from 2000 to 2008 and much of that borrowing was used to fund property acquisitions.
Maples and Calder
Alternative A of the Cape Town Convention now has the force of law in Ireland, following signing of an Order by the Irish Government on 10 May 2017
Mason Hayes & Curran
The High Court has expressed concern that distressed borrowers are being duped into paying money to the anonymous promoters of schemes, which purport to protect them from enforcement by lenders but are actually 'utterly misguided and spurious'.
Mason Hayes & Curran
Two recent developments may have rendered the Irish legal system less attractive to creditors. We examine the scope of these developments and the likely impact on debt collection activity in Ireland.
Mason Hayes & Curran
Enforcement of loans continues to be a challenge, particularly, enforcement by the purchasers of debt. Equally, there have been helpful developments for secured and unsecured lenders...
Matheson
In two separate cases, following a challenge by a financial institution in each case, the High Court has held that it will set aside protective certificates granted to debtors in personal insolvency...
Mason Hayes & Curran
Simple retention of title clauses are commonplace and generally effective in contracts for the sale of goods. However, extending their effect to the proceeds of sale of such goods requires careful drafting.
Mason Hayes & Curran
A recent Court of Appeal decision in the UK has ruled that individuals facing bankruptcy cannot be forced to hand over their pensions to pay off outstanding debts.
Mason Hayes & Curran
The Residential Tenancies (Amendment) Act 2015 has strengthened the position of tenants and increased the responsibilities and challenges facing receivers appointed by secured lenders...
Mason Hayes & Curran
The proceedings were dismissed as frivolous and vexatious on other grounds.
Mason Hayes & Curran
The High Court has reiterated that cross-examination will not generally be permitted on an interlocutory application, or where there is no conflict of fact on the affidavits.
Mason Hayes & Curran
Following the acquisition of a loan portfolio from Irish Bank Resolution Corporation Limited, Mars Capital Ireland Limited sought an order substituting it as plaintiff in lieu of IBRC, in the proceedings against the defendants.
Mason Hayes & Curran
Two recent judgments have brought further clarity in relation to the rights acquirers of loan portfolios to enforce against borrowers...
Mason Hayes & Curran
The plaintiff (the "Bank") had advanced certain loans to the defendants, which were performing loans at all material times (collectively referred to by the court as the "first loan").
Most Popular Recent Articles
Mason Hayes & Curran
Further evidence that Ireland is emerging from economic recession can be seen in the publication of the Courts Service Annual Report 2016 (the Report).
Maples and Calder
Alternative A of the Cape Town Convention now has the force of law in Ireland, following signing of an Order by the Irish Government on 10 May 2017
Mason Hayes & Curran
A number of recent High Court cases have highlighted the difficulties being faced by receivers in taking possession of agricultural lands.
Mason Hayes & Curran
Two recent developments may have rendered the Irish legal system less attractive to creditors. We examine the scope of these developments and the likely impact on debt collection activity in Ireland.
Mason Hayes & Curran
The Court of Appeal has helpfully confirmed that a judgment creditor can seek an order appointing a receiver by way of equitable execution where:
Mason Hayes & Curran
The proceedings were dismissed as frivolous and vexatious on other grounds.
Matheson
In two separate cases, following a challenge by a financial institution in each case, the High Court has held that it will set aside protective certificates granted to debtors in personal insolvency...
Mason Hayes & Curran
The plaintiff (the "Bank") had advanced certain loans to the defendants, which were performing loans at all material times (collectively referred to by the court as the "first loan").
Mason Hayes & Curran
The Residential Tenancies (Amendment) Act 2015 has strengthened the position of tenants and increased the responsibilities and challenges facing receivers appointed by secured lenders...
Maples and Calder
Many businesses in Ireland borrowed significantly from 2000 to 2008 and much of that borrowing was used to fund property acquisitions.
Mason Hayes & Curran
Bankruptcy law in Ireland is now, broadly speaking, in line with that of the United Kingdom.
Mason Hayes & Curran
In a recent High Court decision, the validity of the appointment of joint receivers by ACC Loan Management Limited by deed under seal was upheld, and an order for possession in favour of those receivers was made.
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