The sale of gift vouchers and their terms and conditions is largely unregulated in Ireland.

Although there is no specific legislation, gift vouchers provided to consumers are subject to the provisions of general consumer protection legislation, such as the Consumer Protection Act 2007.

Gift vouchers that cover a wide range of traders and retailers such as the “All4One” vouchers come within the definition of “electronic money” in the European Communities (Electronic Money) Regulations 2011 are subject to the provisions of those Regulations.

In zijn conclusie van 7 november 2018 formuleert raadsheer advocaat-generaal Widdershoven vijf vuistregels die richtinggevend zouden moeten zijn bij het leerstuk van ‘afgeleid belang’ in het kader van het belanghebbendebegrip in de Algemene wet bestuursrecht (art. 1:2 lid 1 Awb).

Belanghebbendebegrip en afgeleid belang

Coast Stores, the occasional wear retailer and high street stallworth has gone into administration in the UK.

Coast’s sister brand Karen Millen had partially rescued the company, buying its department store concessions arm, website, safe guarding up to 600 jobs. However, as part of a pre pack administration deal, it will not be maintaining Coasts overseas stores or its UK high-street stores.

Kiely Rowan plc the company which owns the business of Irish designer Orla Kiely went into liquidation last week. The retailer closed its online shop as well as one in Kildare Village and two in London. This is very sad for the employees and customers of Orla Kiely as well as her creditors.

However, what does it mean when one hears that a company has gone into liquidation?

House of Fraser, the struggling UK department store has gone into administration but is to be acquired by billionaire Mike Ashley, the owner of Sports Direct. There are regulatory difficulties with his acquisition of the Dundrum branch at the moment, but it is anticipated that the entire group including Dundrum will be fully operational in good time to capitalise on the Christmas market.

However, what does this mean for customers with unused gift cards?

A recent case in the UK (Phones 4U Limited -v- EE Limited) serves as a warning to businesses of the unintended, and potentially costly, consequences of issuing inadequate termination notices to contractual counterparties.

Background

McDowell Purcell represented a creditor in a recent application to the High Court where Justice Costello granted an Order for Sale on foot of an equitable charge held by the applicant, over properties of the respondent who had been adjudicated a bankrupt.

Application

The High Court delivered a stark reminder to personal insolvency practitioners (PIPs) that they serve an integral role in upholding the legitimacy of the bankruptcy process in a judgment delivered on 5 February 2018.

Background

The judgment arose out of an application by the Official Assignee (“OA”) to postpose the automatic discharge of a bankrupt. The OA submitted that the bankrupt had hidden assets from or failed to disclose assets which could have been realised for the benefit of the creditors of her estate.

Het voorontwerp Wet homologatie onderhands akkoord ter voorkoming van faillissement moet het een in financieel zwaar weer verkerende onderneming mogelijk maken om buiten faillissement of surseance haar schulden te saneren door een akkoord op te leggen aan alle schuldeisers. Een faillissement kan hiermee worden voorkomen. De rechten van schuldeisers en aandeelhouders kunnen hierbij worden gewijzigd.

Introduction

On 17 November 2017, the Supreme Court confirmed the existing case law that if employees are entitled to payment in cash for unused leave due to the bankruptcy of their employer, such claims are considered to be estate debts, regardless of when the entitlement to such leave accrued (ECLI:NL:HR:2017:2907). This ruling was given as a response to a request for a preliminary ruling by the Leiden Subdistrict Court.