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    CEA New Information Note
    2023-02-01

    Background

    The Corporate Enforcement Authority (“CEA”) has issued its first information note of 2023 on the topic of the European Union (Preventative Restructuring) Regulations 2022 (the “Regulations”) which came into effect on 27 July 2022 (the “Information Note”).

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, RDJ LLP, Companies (Rescue Process for Small and Micro Companies) Act 2021 (Ireland), Companies Act 2014 (Ireland), Directive on Preventive Restructuring Frameworks (2019/1023/EU)
    Authors:
    Michael Quinlan , Matthew Wallace
    Location:
    Ireland
    Firm:
    RDJ LLP
    Court of Appeal - Onus on restricted director to adduce evidence to demonstrate that he acted responsibly
    2022-08-03

    Introduction

    Section 819 of the Companies Act 2014 operates to restrict directors of insolvent companies from being appointed or acting as a director or secretary of a company and from being concerned in or taking part in the formation or promotion of a company. Any director who falls foul of s.819 is subject to a mandatory period of restriction of 5 years. The primary purpose of s. 819 is to protect the public from persons who, by their conduct, have proven themselves unfit to hold the office and discharge the duties of a director.

    Filed under:
    Ireland, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, RDJ LLP
    Authors:
    Darryl Broderick
    Location:
    Ireland, United Kingdom
    Firm:
    RDJ LLP
    Recovery Planning for Insurers: Some Practical Considerations
    2021-07-26

    Solvency II was the most significant reform that the insurance sector has experienced in many years and while one of the benefits of Solvency II has been the strengthening and increased resilience of insurers, Solvency II was never intended as a zero-failure regime.

    Filed under:
    Ireland, Insolvency & Restructuring, Insurance, RDJ LLP, Corporate governance, Central Bank of Ireland, Solvency II Directive (2009/138/EU)
    Authors:
    Brian Hunt
    Location:
    Ireland
    Firm:
    RDJ LLP
    Examinership - an underutilised option for vulnerable but viable companies
    2020-03-24

    This year marks the 30th anniversary of the introduction of the examinership framework in Ireland and given the current challenges facing businesses, 2020 could be the year that the process comes into its own to assist struggling but otherwise viable companies and, very importantly, to maintain employment.

    Brexit, inconclusive election results and an unprecedented partial lockdown in an effort to combat against the spread of COVID-19 has created enormous challenges for certain companies who had been thriving in an erstwhile rapidly improving economy.

    Filed under:
    European Union, Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, RDJ LLP, Brexit, Coronavirus
    Authors:
    Ashling Walsh , Michael Quinlan , Mark Costello
    Location:
    European Union, Ireland
    Firm:
    RDJ LLP
    New mechanism introduced for freezing a debtor’s Bank accounts throughout the EU
    2017-01-19

    The European Account Preservation Order Regulation 655/14 came into effect yesterday, 18 January 2017 throughout Europe except in the UK and Denmark - who have not adopted the regulation. The Regulation establishes a procedure which enables creditors from a participating member state to seek an Order preventing a debtor from dissipating assets until such time as the creditor’s proceedings for Judgement are determined and enforced.

    Filed under:
    European Union, Ireland, Banking, Insolvency & Restructuring, RDJ LLP
    Authors:
    Ricky Kelly
    Location:
    European Union, Ireland
    Firm:
    RDJ LLP
    High Court rules debtors have a voice in applications to review creditors’ rejection of a PIA
    2018-02-19

    Following on from her decision of late last year in Re Darren Reilly & the Personal Insolvency Acts 2012 to 2015 [2017] IEHC 558 (further details of which can be found here), Ms.

    Filed under:
    Ireland, Banking, Insolvency & Restructuring, Litigation, RDJ LLP, Debtor
    Authors:
    Hilda Mannix , Ashling Walsh
    Location:
    Ireland
    Firm:
    RDJ LLP
    High Court rules debtors have a voice in applications to review creditors’ rejection of a PIA
    2018-02-19

    Litigation & Dispute Resolution

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, RDJ LLP, Debtor
    Authors:
    Ashling Walsh , Hilda Mannix
    Location:
    Ireland
    Firm:
    RDJ LLP
    Significant ruling on challenging a creditor’s rejection of a Personal Insolvency Arrangement
    2017-09-21

    Litigation & Dispute Resolution

    A recent decision of Judge Susan Ryan in the Dublin Circuit Court is likely to have a substantial impact on debtors seeking to enter into a Personal Insolvency Arrangement (‘PIA’) with their creditors.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, RDJ LLP
    Authors:
    Hilda Mannix
    Location:
    Ireland
    Firm:
    RDJ LLP
    High Court confirms challenge to a creditor’s rejection of a Personal Insolvency Arrangement can only be brought by a PIP
    2017-10-10

    In line with a recent decision of Judge Susan Ryan in the Dublin Circuit Court (further details of which can be found here), the High Court has held that only a Personal Insolvency Practitioner (“PIP”) has standing to apply to the Circuit Court for a review of a creditor’s rejection of a Personal Insolvency Arrangement (“PIA”).

    Filed under:
    Ireland, Banking, Insolvency & Restructuring, Litigation, RDJ LLP, High Court of Justice (England & Wales)
    Authors:
    Hilda Mannix , Darryl Broderick
    Location:
    Ireland
    Firm:
    RDJ LLP
    Court of Appeal rules that State must pay damages in informal insolvency case
    2017-03-27

    A recent Court of Appeal decision has found that the State has failed to adequately implement EU Legislation by failing to provide a procedure to protect employees’ entitlements in the event of an informal insolvency of their employer.

    Introduction

    Filed under:
    Ireland, Employment & Labor, Insolvency & Restructuring, Litigation, RDJ LLP, Liquidation, Court of Appeal of England & Wales
    Authors:
    Caoimhe Heery
    Location:
    Ireland
    Firm:
    RDJ LLP
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