Search
Searching Content indexed under Litigation, Mediation & Arbitration by John Breslin ordered by Published Date Descending.
Links to Result pages
 
1 2  
>>Next
 
Title
Country
Organisation
Author
Date
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
Irish Court Of Appeal Rules On Default Interest And Loan Enforcement Issues
A series of judgments handed down by the Court of Appeal on 30 July 2018 in linked litigation deals with important issues arising in loan default scenarios, particularly where the loan has been traded in the...
Ireland
22 Aug 2018
3
Minister Announces Bill On House Repossession
The Minister for Justice announced on Tuesday (29 May 2018) that a new bill will be drafted to provide further protections for mortgagors facing repossession proceedings.
Ireland
31 May 2018
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
1 Dec 2017
5
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
6
AIB v Rostaff Property Development Ltd
The recent decision of Barrett J in AIB v Rostaff Property Development Ltd (High Court, 7 September, 2017) once again highlights the difficult area of undue influence in the context of guarantees...
Ireland
25 Sep 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
True Sales Under Irish Law – Market Approach Confirmed
The Irish High Court has recently ruled on the test for determining whether the transfer of a debt is a "true sale" or is by way of a charge
Ireland
5 Jul 2017
9
Bank Liability For Misleading Marketing Materials
In Spencer v Irish Bank Resolution Limited (in special liquidation) ([2016] IECA 346), the Irish Court of Appeal handed down an important judgement that deals with the scope of a lender's duty of care and potential liability for misrepresentation when promoting an investment opportunity to clients.
Ireland
10 Dec 2016
10
Madoff Litigation: UCITS Investor Rights And Depositary Liability
The Irish Commercial Court (Costello J) has recently clarified a number of issues regarding an Irish investment company authorised as a UCITS fund which will also have relevance for investment companies generally
Ireland
9 Nov 2016
11
The Confidential Information Disclosure Law, 2016
The Confidential Information Disclosure Law, 2016 (the "CIDL") was gazetted on 22 July 2016 and is in effect.
Cayman Islands
12 Aug 2016
12
Sheehan v Breccia – Key Decision On Surcharge Interest In Loan Agreements
On 5 February 2016 the Commercial Division of the High Court (Haughton J) handed down judgment in two linked cases: Sheehan v Breccia and others, and Flynn and Benray Limited v Breccia.
Ireland
22 Feb 2016
13
High Court Approves Administrative Sanctions Regime Against Former Officer
The High Court on 4 January 2016 refused a judicial review of the administrative sanctions procedure commenced by the CBI against Michael P Fingleton, a former director and chief executive of the Irish Nationwide Building Society.
Ireland
26 Jan 2016
14
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
15
Illegality And The Enforcement Of Contract
Regulation is a fact of life for every financial service provider ("FSP"). FSPs face an ever-increasing volume of regulation.
Ireland
3 Nov 2015
16
Significant Irish Judgment On Discovery In Aid Of Examination
At this stage of Ireland's economic cycle, in many cases obtaining a court judgment against a debtor does not necessarily ensure payment.
Ireland
16 Oct 2015
17
Supreme Court Clarifies Test For Appeals From Financial Services Ombudsman
The FSO's service offers aggrieved customers of financial service providers a forum for the resolution of their complaints.
Ireland
2 Jul 2015
18
Irish Court Of Appeal Rules On Manner By Which Bank Must Prove Its Claim
The Irish High Court has decided a number of cases dealing with how a bank must prove its debt when suing for summary judgment to recover a defaulted loan. Not all of the decisions have been consistent in their approach.
Ireland
13 May 2015
19
Conduct Of Regulatory Investigations And Enforcement Proceedings
In Ireland there is hardly any case law providing guidance on the conduct of regulatory investigations and enforcement proceedings by the Central Bank of Ireland ("CBI").
Ireland
6 May 2015
20
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
Links to Result pages
 
1 2  
>>Next