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Searching Content by Karole Cuddihy ordered by Published Date Descending.
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1
Repossessing Commercial Property Comprising A Private Residence
A recent High Court decision in Ireland highlights the care that needs to be taken in property repossession claims by lenders where a borrower's principal dwelling house ("PDH") ...
Ireland
14 Mar 2019
2
Receiver By Way Of Equitable Execution - Irish Supreme Court Agrees To Hear Appeal
On 6 February 2018, the Irish Supreme Court agreed to hear an appeal in ACC Loan Management Limited v Rickard in relation to the appointment of a receiver in aid of execution on the basis that the issue was one of general and public importance.
Ireland
23 May 2018
3
The Insolvency Review 5th Edition (Ireland)
Ireland is a sovereign state in Europe and a member of the European Union since 1973.
Ireland
20 Dec 2017
4
Statutory Loan Transfers – A Missed Opportunity
There are a number of legal techniques in the Irish loan market for transferring a portfolio of loans and underlying security. These include assignment, novation and transfer under a bespoke statutory process.
Ireland
4 Dec 2017
5
Statutory Loan Transfers – A Missed Opportunity
There are a number of legal techniques in the Irish loan market for transferring a portfolio of loans and underlying security. These include assignment, novation and transfer under a bespoke statutory process.
Ireland
1 Dec 2017
6
Examinership Petition Allowed To Proceed Despite Settlement Agreement
Can an examiner be appointed to a company which had previously entered into a standstill agreement with one or more of its creditors? In Re KH Kitty Hall Holdings Limited [2017] IECA 247...
Ireland
17 Nov 2017
7
Irish High Court Clarifies Standard of Proof for Loan Purchasers
Purchasers of distressed debt have inevitably found themselves involved in legal disputes with borrowers seeking to undermine the loan purchaser's position as secured lender or at least put it on full proof of its entitlements.
Ireland
9 Aug 2017
8
The Insolvency Review - Fourth Edition (Ireland)
Many businesses in Ireland borrowed significantly from 2000 to 2008 and much of that borrowing was used to fund property acquisitions.
Ireland
19 Jul 2017
9
Proving Banks Debts: Clarity At Last
The Supreme Court judgments in Ulster Bank Ireland Limited v O'Brien (16 December 2015) bring long overdue common sense to the law relating to proof of bank debts.
Ireland
21 Dec 2015
10
The International Insolvency Review, 3rd Ed.: Ireland
Robin McDonnell, Saranna Enraght-Moony and Karole Cuddihy provide an analysis of current economic conditions and insolvency case developments in Ireland.
Ireland
4 Nov 2015
11
Enforcing Tainted Contracts
Banks and other financial institutions operate in a highly regulated environment. Issues frequently arise where an institution has breached a regulatory requirement but seeks to enforce its contractual rights.
Ireland
5 May 2015
12
Questioning Receivership
A lender appointed receivers over certain assets, which ITC held on trust for a sub-fund.
Ireland
1 Apr 2015
13
Parent Company Contribution Order: Potential Guidance for Irish Practitioners
In Lewis Holdings Limited & Others v. Steel and Tube Holdings Limited, the High Court of New Zealand made an order requiring a parent company to contribute to the debts of a subsidiary which was in liquidation.
Cayman Islands
12 Mar 2015
14
Proving A Bank Debt In Irish Proceedings
Recent Irish case law has shown that a bank must take great care when considering the evidence needed to establish its claim in debt-recovery proceedings.
Ireland
17 Dec 2014
15
The International Insolvency Review, 2nd Ed.: Ireland
Ireland is a sovereign state in Europe and a member of the European Union since 1973.
Cayman Islands
28 Nov 2014
16
Restructuring And Insolvency Multi-Jurisdictional Guide 2014/15: Ireland Chapter
Robin McDonnell, Saranna Enraght-Moony and Karole Cuddihy provide an analysis of restructuring and insolvency developments in Ireland.
Ireland
19 Aug 2014
17
Irish High Court Affords Investor Proprietary Claim Against Firm
The Irish High Court has held that if an investor paid money to a firm in reliance on a fraudulent misrepresentation, the payer has a proprietary claim.
Ireland
8 May 2014
18
Proprietary Claim Case Law
The Irish High Court held that if an investor has paid money to a firm based on a fraudulent misrepresentation, they have a proprietary claim to the payment.
Ireland
17 Apr 2014
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