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Searching Content indexed under Arbitration & Dispute Resolution by John Breslin ordered by Published Date Descending.
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1
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
2
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
3
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
4
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
5
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
6
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
7
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
8
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
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