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    Restructuring in Ireland - Two recent cases with a US interest
    2020-04-29

    Two recent cases demonstrate the efficacy of existing restructuring regimes under Irish company law and more particularly that the Courts in Ireland are receptive and efficient in approving and implementing large multi-jurisdictional restructuring schemes.

    Ballantyne – Scheme of Arrangement

    Filed under:
    Ireland, USA, Insolvency & Restructuring, Litigation, Eversheds Sutherland (Ireland)
    Authors:
    Norman Fitzgerald , Neil O'Mahony
    Location:
    Ireland, USA
    Firm:
    Eversheds Sutherland (Ireland)
    Coronavirus - Shining a light on restructuring options - Northern Ireland
    2020-04-24

    This week marks another critical juncture in the ongoing fight against the economic challenges presented by the COVID-19 crisis. With the jobs retention scheme portal now open for applications since Monday 20 April 2020, many businesses and employers are hoping to receive funds from HMRC promptly in order to fulfil payroll obligations by month end and ease any immediate cash flow concerns.

    Filed under:
    Ireland, Insolvency & Restructuring, Eversheds Sutherland (Ireland), Coronavirus, HM Revenue and Customs (UK)
    Location:
    Ireland
    Firm:
    Eversheds Sutherland (Ireland)
    Coronavirus - Corporate Insolvency and Governance Bill - UK/Northern Ireland
    2020-05-29

    The Government has now published the much anticipated Corporate Insolvency and Governance Bill (the “Bill”), which will introduce various new corporate restructuring tools as well as the temporary changes to insolvency law that have been announced by the Government since the onset of the COVID-19 pandemic.

    Filed under:
    Ireland, United Kingdom, Insolvency & Restructuring, Eversheds Sutherland (Ireland), Landlord, Coronavirus
    Authors:
    Matthew Howse , Damian McElholm
    Location:
    Ireland, United Kingdom
    Firm:
    Eversheds Sutherland (Ireland)
    Coronavirus - Temporary amendments to Insolvency Law: suspension of liability for wrongful trading - UK/Northern Ireland
    2020-05-29

    In the second of our series of articles on the much anticipated Corporate Insolvency and Governance Bill (the “Bill”), which will enact various new corporate restructuring tools well as make temporary changes to insolvency law as a result of the coronavirus, we focus on the temporary changes to the law regarding the suspension of liability for directors for wrongful trading during the coronavirus pandemic.

    Filed under:
    Ireland, United Kingdom, Company & Commercial, Insolvency & Restructuring, Eversheds Sutherland (Ireland), Coronavirus
    Authors:
    Matthew Howse , Damian McElholm
    Location:
    Ireland, United Kingdom
    Firm:
    Eversheds Sutherland (Ireland)
    Coronavirus - Temporary amendments to Insolvency Law: restriction on statutory demands and winding-up petitions - UK/Northern Ireland
    2020-05-29

    The much anticipated Corporate Insolvency and Governance Bill(the “Bill”), which will enact various new corporate restructuring tools as well as the temporary changes to insolvency law that have been announced by the government since the onset of the COVID-19 pandemic, was finally published on Wednesday 20 May.

    View our series of articles summarising the Bill:

    Filed under:
    Ireland, United Kingdom, Insolvency & Restructuring, Eversheds Sutherland (Ireland), Coronavirus
    Authors:
    Matthew Howse , Damian McElholm
    Location:
    Ireland, United Kingdom
    Firm:
    Eversheds Sutherland (Ireland)
    What lies ahead: Restructuring and insolvency post Brexit
    2019-10-17

    There are a range of potential outcomes to the current Brexit negotiations. What would the impact on corporate recovery and insolvency be of a no-deal Brexit? It is important for all stakeholders, including businesses, lenders and investors to be aware of the difficulties that will arise in the event of a no-deal Brexit.

    Key points if no-deal Brexit happens

    Filed under:
    European Union, Ireland, United Kingdom, Insolvency & Restructuring, Eversheds Sutherland (Ireland), Brexit, Court of Justice of the European Union
    Authors:
    Norman Fitzgerald , Neil O'Mahony , Matthew Howse
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    Eversheds Sutherland (Ireland)
    Recent developments in summary judgments in the superior courts (Part I)
    2019-12-20

    Introduction

    Summary judgment refers to a process where judgment is given in a case at an early stage, without a full litigation process and without the need for a full trial.  It is confined to specific circumstances. A plaintiff can apply for summary judgment where a defendant has entered an appearance or delivered a defence.  Summary judgment is most commonly granted where the defendant has no bona fide defence to the claim made by the plaintiff. 

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Wills & Probate, Eversheds Sutherland (Ireland)
    Authors:
    Norman Fitzgerald
    Location:
    Ireland
    Firm:
    Eversheds Sutherland (Ireland)
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