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Searching Content indexed under Trials & Appeals & Compensation by John Breslin ordered by Published Date Descending.
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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
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
5
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
6
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
7
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
8
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
9
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
10
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
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
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
13
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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