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    Using tax monies to fund the running expenses of a Company led to restriction of Directors
    2016-06-07

    In Leahy v Doyle & anor [2016] IEHC 177, the High Court issued orders of restriction in respect of directors of two companies (Gingersnap and Scappa), under Section 150 of the Companies Act 1990 (now Section 819 of the Companies Act 2014). While the companies were different, the liquidator and the directors were the same.

    Background 

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, A&L Goodbody, Security (finance), Investment funds, European Commission, European Banking Authority, Central Bank of Ireland, Irish Stock Exchange, High Court (Ireland)
    Authors:
    Paula Mullooly
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Aggressive and tactical enforcement denied: O’Flynn Group v Carbon Finance Limited & others
    2014-08-15

    On 13 August 2014, the Irish High Court gave a judgment which addresses significant issues in examinerships and provides some clarity regarding loan acquisitions and the timing and other considerations for creditors when issuing letters of demand.

    Background

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, High Court (Ireland)
    Location:
    Ireland
    Firm:
    Mason Hayes & Curran LLP
    High court rejects McInerney scheme of arrangement
    2011-04-04

    In January 2011, the High Court refused to approve an examiner’s rescue plan (“Scheme of Arrangement”) for construction company McInerney Homes Limited (“McInerney”), on the basis that the Scheme of Arrangement was unfairly prejudicial to the secured creditors consisting of a Banking Syndicate of Anglo Irish Bank Corporation Limited, Bank of Ireland plc and KBC Bank plc (the “Banks”).

    Filed under:
    Ireland, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Matheson LLP, Debt, Public limited company, Secured creditor, Prejudice, High Court (Ireland)
    Authors:
    Niamh Counihan
    Location:
    Ireland, United Kingdom
    Firm:
    Matheson LLP
    High Court clarifies rights of secured creditors to object to schemes of arrangement in examinerships
    2011-01-27

    In Re McInerney Homes Limited

    In the McInerney case, the company and the examiner sought to have schemes confirmed which would result in an immediate payment to a banking syndicate of €25 million. The banking syndicate contended that the discounted current value which they expected to recover from their security outside any schemes was €50 million.

    Filed under:
    Ireland, Banking, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, Debt, Secured creditor, Prejudice, High Court (Ireland)
    Authors:
    Declan Black , Maurice Phelan , Judith Riordan , Frank Flanagan
    Location:
    Ireland
    Firm:
    Mason Hayes & Curran LLP
    An overview of examinerships and receiverships and the fallout of the Thomas Read Group
    2009-06-03

    As we are all well aware, there has been a major slowdown in economic activity in Ireland with many businesses now facing an uncertain future. A combination of factors has led to a tightening of purse strings which has placed many businesses under severe financial pressure.

    Filed under:
    Ireland, Insolvency & Restructuring, Leisure & Tourism, LK Shields, Shareholder, Debt, Liquidation, Intangible asset, Secured creditor, Debenture, High Court (Ireland)
    Authors:
    Clare Dowling
    Location:
    Ireland
    Firm:
    LK Shields
    The options open to the directors of troubled companies
    2008-10-16

    The first anniversary of the credit crunch passed in recent weeks and the economic turbulence in this country has been reflected in the sharp increase in the number of insolvencies over the past 12 months.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, LK Shields, Shareholder, Credit (finance), Collateral (finance), Asset management, Debt, Credit risk, Liability (financial accounting), Liquidation, Common law, Liquidator (law), Non-executive director, Credit crunch, Companies Act, Supreme Court of the United States, High Court (Ireland)
    Location:
    Ireland
    Firm:
    LK Shields
    Representation of Maltese Holdings Limited and Zollinger Investments Limited [2012] JRC 172: preserving parity between creditors
    2012-12-04

    This case considers the ability of the Court to ensure that similarly ranked creditors of a debtor are treated equally prior to the commencement of any insolvency procedure including a just and equitable winding up application.

    Background

    Mr Breifne O'Brien lives in Ireland. In 2008 and 2009 a number of creditors in that jurisdiction obtained judgments against him in the Irish High Court. The Irish Court injuncted Mr O'Brien from dealing with his assets within or without the jurisdiction below €20,000 million.

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Debtor, Liquidation, High Court (Ireland)
    Location:
    Jersey
    Firm:
    Ogier
    Court of Appeal upholds liquidator's decision to settle litigation despite opposition from creditors
    2011-02-25

    In this case, a liquidator had commenced proceedings against the former director of a company in relation to transactions which were alleged to have been made at an undervalue and/or with an intention to defraud creditors and/or which were preferential. It was also alleged that the former director had acted in breach of his fiduciary duties in procuring or permitting the transactions to take place.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Howes Percival LLP, Breach of contract, Fraud, Fiduciary, Liquidator (law), Insolvency Act 1986 (UK), Court of Appeal of England & Wales, High Court (Ireland)
    Location:
    United Kingdom
    Firm:
    Howes Percival LLP
    Commercial Update: Davey v Money [2018] EWHC 766 (Ch)
    2018-08-17

    Background to the Case In this case, the High Court scrutinised the conduct of the administrators appointed by a secured lender, Dunbar Assets plc, over a company, Angel House Developments Limited, whose sole asset was an office block in the London Docklands. The sole shareholder of the company had accused the administrators of breaching a number of duties.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Rosling King LLP, Bankruptcy and Insolvency Act 1985 (Canada), High Court (Ireland)
    Authors:
    Alexander Pelopidas
    Location:
    United Kingdom
    Firm:
    Rosling King LLP
    European court ruling in Allied Steel & Wire case
    2007-01-31

    In a judgment given on 25 January, the European Court of Justice has ruled in case C278-05 - Robins and Others v Secretary of State for Work and Pensions (2007) that the UK Government failed adequately to implement a European Insolvency Directive dating back to the 1980’s, which was designed to safeguard pension scheme members’ benefits in the event that their employers became insolvent. However, the ECJ also went on to rule that the United Kingdom Government need not necessarily fund the lost pension rights in full or in part.

    Filed under:
    European Union, United Kingdom, Employment & Labor, Insolvency & Restructuring, Squire Patton Boggs, DWP, Court of Justice of the European Union, High Court of Justice, High Court (Ireland)
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs

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