In ACC Loan Management Limited -v- Rickard [2017] IECA 245, the Court of Appeal ruled on two important aspects of the High Court's jurisdiction to appoint a receiver by way of equitable execution over the property of a judgment debtor. In a decision which will assist lending institutions and other creditors in assessing their enforcement options to satisfy outstanding judgments, the Court has eliminated some of the confusion which had existed in Irish law in respect of the circumstances in which a receiver may be appointed by way of equitable execution and has confirmed that:
A recent High Court ruling which examined the practice of creditors entering into a "split mortgage" or warehousing agreement with debtors as part of a personal insolvency arrangement ("PIA") (pursuant to the Personal Insolvency Act 2012) is likely to result in banks reconsidering warehousing as a "go to" option when entering into PIAs with defaulting debtors.