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Searching Content indexed under Finance and Banking by John Breslin 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
The Lending And Secured Finance Review, 4th Edition
The corporate lending market in Ireland continues to be particularly active in the real estate (investment and development), pharma and technological sectors ...
Ireland
7 Mar 2019
3
The Domino Effect Of Regulatory Breaches
The settlement of a recent financial services regulatory enforcement action by the Central Bank of Ireland (CBI) highlights the interconnectedness of regulatory breaches.
Ireland
12 Sep 2018
4
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
5
Central Bank Of Ireland's Annual Report
The CBI recently published its 2017 annual report. It is essential reading for Irish finance services regulatory advisers, and for any entity with a business presence in Ireland in the banking and financial services sector.
Ireland
20 Jun 2018
6
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
7
Irish Loan Sales – Proposed New Law To Regulate Loan Owners
On 21 February 2018, the largest opposition party in Ireland published a bill entitled the Consumer Protection (Regulation of Credit Servicing Firms) (Amendment) Bill 2018 (the "Bill").
Ireland
26 Feb 2018
8
Banking Officer Responsibility
In the February edition of IFLR's International Briefings Finance Partner, John Breslin discusses individual responsibility and increased regulatory scrutiny of directors and senior managers where their employer breaches regulation.
Ireland
21 Feb 2018
9
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
10
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
11
The Lending And Secured Finance Review, 3rd Edition - Ireland Chapter
John Breslin and David Burke provide an overview of the corporate lending market in Ireland, examining recent legal and regulatory developments and tax considerations.
Ireland
9 Oct 2017
12
Revised Timelines For Launch Of Beneficial Ownership Central Register
The Department of Finance has confirmed that the beneficial ownership central register (the "Central Register") will be introduced in the fourth quarter of 2017.
Ireland
21 Aug 2017
13
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
14
MiFID II Implementation - Ireland And Third Country Firms
On 14 July 2017, the Irish Department of Finance issued a feedback statement on its 2016 public consultation on Ireland's approach to the transposition of MiFID II.
Ireland
21 Jul 2017
15
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
16
The International Comparative Legal Guide To Lending And Secured Finance 2017
What are the main trends/significant developments in the lending markets in your jurisdiction? There are two key trends. First, a resurgence in property-based lending by banks and alternative lenders.
Ireland
10 May 2017
17
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
18
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
19
Alternative Lending Structures In Ireland: Credit Funds And Loan Origination
It is widely known in the market that banks, reluctant to lend due to regulatory constraints, have left a vacuum which has created a demand for other reliable sources of funding.
Ireland
26 Oct 2016
20
Using Regulatory Background to Interpret Note Issuance Documents
The interpretation of a contract depends on the objective meaning of the words used in their commercial context.
Ireland
29 Jun 2016
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