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    Assignment of a bare cause of action void as being champertous
    2015-10-27

    Facts 

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, White Collar Crime, A&L Goodbody
    Authors:
    Paula Mullooly
    Location:
    Ireland
    Firm:
    A&L Goodbody
    High Court refuses extension of time to liquidator to bring restriction application against director
    2015-11-17

    Facts 

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, A&L Goodbody
    Authors:
    Paula Mullooly
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Requirements for a binding contract for sale of land considered in Maloney v O'Connor 2015 IEHC 678
    2015-11-24

    In this unusual case the High Court considered the enforceability of a contract for the sale of land to a construction company now in receivership, with much of the argument surrounding whether there was in fact a sufficient note or memorandum in writing for the purposes of the Statute of Frauds (Ireland) 1695.

    Facts

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Real Estate, A&L Goodbody
    Authors:
    Aoife Smyth
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Issue of unreasonable withholding of consent to assignment considered by the Commercial Court
    2015-12-01

    In its recent decision in the case of Perfect Pies Limited (in receivership) and Pearse Farrell v Chupn Limited [2015] 11 JIC 0607, the Commercial Court has considered the difficult question of the unreasonable withholding of consent to the assignment of a commercial lease. This case involved interesting issues, in particular around a landlord potentially seeking to use the opportunity of an application for consent to assignment to pursue "ulterior motives" – in this case, to obtain possession of the premises.

    Background 

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Real Estate, A&L Goodbody
    Authors:
    Aoife Smyth
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Court, in Restriction Application, accepts undertaking from Director not to act as Director
    2016-01-19

    In Cahill -v- O'Brien & anor [2015] IEHC 817, the Court considered an application for the restriction of two directors pursuant to Section 150 of the Companies Act, 1990 together with an application extending the time for the making of the application.

    Facts

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, A&L Goodbody
    Authors:
    Paula Mullooly
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Court of Appeal re-establishes case law on disqualification of directors
    2016-01-26

    Director of Corporate Enforcement -v- Walsh & ors [2016] IECA 2 concerned an appeal by the Director of Corporate Enforcement (the Director) against a decision of Barrett J declining to make a disqualification or restriction order against three directors.

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, A&L Goodbody
    Authors:
    Paula Mullooly
    Location:
    Ireland
    Firm:
    A&L Goodbody
    High Court Approves Ratification of Appointment of Receiver by ACC Board
    2016-03-16

    Facts 

    In Farrell & Kelly v Petrosyan & Ors (linked to McLoughlin & anor v ACC Loan Management Ltd), High Court, O'Connor J, 2 March 2016 the High Court considered an application for possession on behalf of receivers appointed by ACC Loan Management Limited (ACC).  One of the issues before the court was whether the receivers had authority to act in the proceedings in view of their deeds of appointment by ACC. 

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, A&L Goodbody
    Authors:
    Paula Mullooly
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Supreme Court considers the phrase 'Close of Business' in the context of a Receiver Appointment
    2016-03-22

    In McCann -v- Halpin & anor [2016] IESC 11, the receiver applied to the High Court for directions pursuant to Section 316(1) of the Companies Act 1963, in relation to the exercise of his powers as receiver over the property and assets of Elektron and Crossplan (the Companies). The appeal before the Supreme Court dealt with one issue - whether the receiver was validly appointed.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, A&L Goodbody
    Authors:
    Paula Mullooly
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Oireachtas pass Personal Insolvency (Amendment) Bill 2014
    2015-08-04

    The Bill introduces key changes to the Personal Insolvency Act 2012. These include a new provision allowing for an independent review by the Circuit Court, if creditors such as the mortgage lender refuse a borrower’s proposal for a Personal Insolvency Arrangement to deal with unsustainable debts which include a mortgage on the borrower’s home.

    Filed under:
    Ireland, Insolvency & Restructuring, A&L Goodbody
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Crystallisation of floating charges – Supreme Court decision
    2015-07-10

    In the Matter of J.D Brian Limited (In Liquidation) T/A East Coast Print and Publicity, In the Matter of J.D. Brian Motors Limited (In Liquidation) T/A Belgard Motors and In the Matter of East Coast Car Parts Limited (In Liquidation) and In the Matter of the Companies Acts 1963 to 2009 (the Companies)

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, A&L Goodbody, Supreme Court of the United States
    Authors:
    David Baxter , Mark Traynor , Marsha Coghlan
    Location:
    Ireland
    Firm:
    A&L Goodbody

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