Waterside Management Company Limited v Brendan Kelly and Asta Kelly[1]
Ireland, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, Debtor, Debt, Capital punishment
In Re: Michael McLoughlin Pharmacy Ltd. The examiner sought the High Court’s approval for a scheme of arrangement which limited his liability for negligence. The secured creditor objected as a matter of principle because such limitations of liability had become commonplace in schemes. The secured creditor made it clear that there was no suggestion of any negligence by the examiner in the particular case.
The court considered:
Ireland, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, Statute of limitations, Negligence, Good faith, Secured creditor, Liquidator (law), Capital punishment, High Court of Justice (England & Wales)