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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Mason Hayes & Curran ordered by Published Date Descending.
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1
Contractor Insolvency – A Practical Guide For Employers
The consequences of contractor insolvency can have far-reaching implications beyond the parties to a construction contract.
Ireland
19 Feb 2018
2
New Approach To Lay Litigants, Mediation Act And More
A key feature of 2017 was a deepening recognition and response by the courts to the problems associated with organised lay litigant groups and lay advisors seeking to obstruct and...
Ireland
18 Jan 2018
3
All About The Numbers
In the Debt Recovery sector, 2017 may be looked back upon as a year that saw a decline in numbers,generally.
Ireland
17 Jan 2018
4
Lay Litigants And McKenzie Friends – The Courts' Tolerance Continues To Dwindle
Further to our Insolvency Update issued 11 October 2017, another recent High Court judgment has clearly demonstrated the courts' increased lack of tolerance for litigants ...
Ireland
12 Dec 2017
5
Lay Litigants And Mckenzie Friends – A Positive Reaction To A Recent Trend
A recent practice direction (HC72) has provided important guidance on the role of a "McKenzie Friend" in assisting lay litigants before the civil courts.
Ireland
19 Oct 2017
6
Financial Services Update: Ireland Adopts ‘Alternative A'
The long-awaited implementation of ‘Alternative A' gives force of law in Ireland to a regime which is similar to the insolvency regime in the USA, known as Chapter 11 "reorganisation" bankruptcy.
Ireland
13 Oct 2017
7
Debt Recovery Update: Decline In Creditor Enforcement Continues
Further evidence that Ireland is emerging from economic recession can be seen in the publication of the Courts Service Annual Report 2016 (the Report).
Ireland
22 Sep 2017
8
Court Of Appeal Provides Welcome Clarification For Judgment Creditors
The Court of Appeal has helpfully confirmed that a judgment creditor can seek an order appointing a receiver by way of equitable execution where:
Ireland
16 Aug 2017
9
Cape Town Convention "Alternative A" Insolvency Provisions Signed Into Irish Law
In positive news for financiers and lenders, the Irish Government has signed an order which gives immediate effect to the "Alternative A" insolvency provisions of the Cape Town Convention.
Worldwide
26 May 2017
10
Who Is Taking Advantage Of Distressed Borrowers?
The High Court has expressed concern that distressed borrowers are being duped into paying money to the anonymous promoters of schemes, which purport to protect them from enforcement by lenders but are actually 'utterly misguided and spurious'.
Ireland
5 May 2017
11
Two Notable And Recent Developments In Debt Collection
Two recent developments may have rendered the Irish legal system less attractive to creditors. We examine the scope of these developments and the likely impact on debt collection activity in Ireland.
Ireland
12 Apr 2017
12
Insolvency Update: Review 2016
Enforcement of loans continues to be a challenge, particularly, enforcement by the purchasers of debt. Equally, there have been helpful developments for secured and unsecured lenders...
Ireland
15 Mar 2017
13
Retention Of Title And Fiduciary Relationships
Simple retention of title clauses are commonplace and generally effective in contracts for the sale of goods. However, extending their effect to the proceeds of sale of such goods requires careful drafting.
Ireland
7 Nov 2016
14
Insolvency And Your Pension
A recent Court of Appeal decision in the UK has ruled that individuals facing bankruptcy cannot be forced to hand over their pensions to pay off outstanding debts.
Ireland
3 Nov 2016
15
Ongoing Challenges For Receivers Of Residential Investment Properties
The Residential Tenancies (Amendment) Act 2015 has strengthened the position of tenants and increased the responsibilities and challenges facing receivers appointed by secured lenders...
Ireland
3 Oct 2016
16
Affidavits Which Trivialise Court Procedure: A Warning for Both Solicitors and Litigants in Person
The proceedings were dismissed as frivolous and vexatious on other grounds.
Ireland
19 Aug 2016
17
Cross-Examination Not Appropriate In Interlocutory Applications
The High Court has reiterated that cross-examination will not generally be permitted on an interlocutory application, or where there is no conflict of fact on the affidavits.
Ireland
2 Aug 2016
18
A Speed Bump For Purchasers Of Loans
Following the acquisition of a loan portfolio from Irish Bank Resolution Corporation Limited, Mars Capital Ireland Limited sought an order substituting it as plaintiff in lieu of IBRC, in the proceedings against the defendants.
Ireland
25 Jul 2016
19
Enforcing Acquired Loans – Two Victories For Acquirers
Two recent judgments have brought further clarity in relation to the rights acquirers of loan portfolios to enforce against borrowers...
Ireland
20 Jul 2016
20
Error In Redemption Statement Does Not Prevent Reliance On Cross Security
The plaintiff (the "Bank") had advanced certain loans to the defendants, which were performing loans at all material times (collectively referred to by the court as the "first loan").
Ireland
13 Jul 2016
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