Flanagan & Anor -v- Crosby & Ors [2014] IEHC59

In Re Home Payments Limited (In Liquidation) [2013] IEHC 507, an application for directions was made by the Joint Liquidators of Home Payments Limited for the liquidators’ remuneration, costs and expenses to be discharged from customer accounts.  Prior to its liquidation the company had operated as a nationwide household budgeting and bill paying company. 

In January 2014, the Malta Financial Services Authority (“MFSA”) announced that Setanta Insurance Company Limited (“Setanta Insurance”) had ceased carrying on insurance business. As a result, no new business or renewals would be issued by the company, although existing policies would remain in force. 

In Re Citywest Hire Ltd (In Liquidation)

Myles Kirby was appointed as Official Liquidator of Citywest Hire Limited (In Liquidation) (“Citywest”). Citywest had operated Il Segreto Restaurant on Merrion Row, Dublin 2 until late June 2013.

The State Airports (Shannon Group) Act 2014 (the “Aviation Act”) came into force on 27 July 2014. The Aviation Act enhances Ireland’s position as a global centre for aviation finance and leasing by, among other things, introducing important reforms in the Shannon Region which will build upon the existing aviation industry of over 40 companies operating in the area.

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

In a number of recent cases, borrowers have produced a detailed forensic analysis of the accrual of interest on their accounts by lenders alleging that any error in the calculation of interest invalidates the demand made by the lender and any appointment of a receiver on foot thereof.

Introduction

The State Airports (Shannon Group) Act 2014 (the “Act”) was signed into law on 27 July 2014.  The Act is further evidence of the Irish government’s commitment to the aviation finance and leasing sector and further bolsters Ireland’s position as a centre of excellence in aviation.

Judgment by Cregan J of 6 October 2014

Overview

This case concerned an application by the official liquidator of RQB Limited (in liquidation) (the Company) pursuant to S280 of Companies Act 1963 to determine the legal status of a floating charge dated 10 September 2008 which entered into by the Company in favour of Danske Bank (the Bank) and which the liquidator believes to be unenforceable.

Background

The "2005 Facility"

简介

    爱尔兰是飞机融资和租赁结构的核心所在地，也是许多国际顶级飞机和发动机出租人的总部所在地。除了极具吸引力的税收政策，高素质和经验丰富的航空专业人才以及作为一个司法管辖区的其他许多优势外，很多中国的租赁公司和航空公司优先考虑选择爱尔兰作为其飞机融资和租赁管辖结构交易架构的司法管辖地是因为在爱尔兰设立公司非常简便且成本经济，并且拥有对债权人友好的法制环境。采用爱尔兰结构有利于吸引低成本融资，并且公司还可以受益于爱尔兰优秀的避免双重征税条约体系。通常，融资和租赁交易使用新成立的爱尔兰公司构建交易结构，这种公司一般称为特殊目的工具（SPV）或特殊目的公司（SPC）。

什么是 SPV？