Subject: Commercial litigation, legal costs        Level: Advanced        Date added: 16th August 2018

The Supreme Court recently gave a final determination on whether or not a person can be made liable for the costs of legal proceedings to which he is not a party. The decision in question came in the case of Moorview Development Limited v. First Active Plc [2018] IESC 33, an appeal from the judgment of Clarke J in the High Court. Such appeals would now be heard by the Court of Appeal rather than the Supreme Court, but the Moorview case was appealed prior to the establishment of the Court of Appeal and therefore remained in the Supreme Court list for hearing. The issues in question are of tremendous importance in Irish commercial litigation. In particular... Read More...

Subject: Debt recovery, liens and set-offs        Level: Intermediate        Date added: 16th July 2018

The remedies of liens and set-offs have been around for a long time. It is well known, therefore, that a hotel may refuse to return belongings to a customer refusing to pay his bill. While this "hotelier's lien" (or inn-keeper's lien as it was) is seldom invoked these days, solicitors have been less shy about flexing their common law remedies. It probably comes as a shock to the layman who cannot - or will not - pay his legal bill, to be told that his solicitor can lawfully refuse to return his property until the bill is paid. That, of course, is both the essence and the force of the remedy - it does not require an expensive application to the court... Read More...

Subject: Receivers, Commercial leases        Level: Intermediate        Date added: 21st May 2018

The scene has been enacted thousands of times over the past decade: landlord defaults on mortgage, receiver is appointed, receiver allows the business-tenant to stay a few months while paying rent, business is suddenly told to vacate the property, business vacates, property is sold with vacant possession. But it does not always happen this way. Sometimes it is not so easy for a business to simply vacate its property and move elsewhere. It may, for instance, have entered into a lease of several decades with the original landlord. It may, relying on that lease, have equipped the premises with specialist furniture and fittings, sometimes at enormous cost... Read More...

Subject: Mortgages, Insolvency        Level: Beginner        Date added: 3rd April 2018

A significant part of my practice involves advising clients in mortgage arrears, and so I thought I would share some tips for people in that situation. I already discussed in the first part of this article the importance of finding the right advisor in order to obtain the best advice. In this part, I want to look at some of the rights and protections you have as customers of a bank... Read More...

Subject: Mortgages, Insolvency        Level: Beginner        Date added: 1st December 2017

Ever tried googling "Personal Insolvency in Ireland" or "How to protect family home from bank" or, more ambitiously, "How to escape mortgage debt"? If so, you are probably overwhelmed with the scale of information returned by your simple query. That's no coincidence, and neither should it come as any real surprise. After all, this is what people in Ireland have been talking about for the past ten years. Do you also find that you are more confused and unsure by the end of your search than you were when you began?... Read More...

Subject: Company law, Insolvency, Debt recovery        Level: Expert        Date added: 1st December 2017

Every year, hundreds of applications are made to the High Court for the compulsory winding up of companies. The vast majority of these are made by creditors in respect of companies which owe them significant sums of money. Prior to the commencement of the Companies Act 2014, the application could be made by creditors owed a minimum of €1,000 (or thereabouts) but that was raised by the 2014 Act to €10,000, or €20,000 where two or more creditors combine to make the application. The following are some of the practical considerations arising for the parties. Read More...

Subject: Company law, Insolvency, Company directors        Level: Intermediate        Date added: 21st December 2017

It is a nightmare of every company director that their company becomes insolvent and wound up, and that they are hauled before the court for their restriction and disqualification. No director is immune from this possibility, but not all seem to do enough to prevent it from happening. So common is this unfortunate scenario that the High Court has a special list dealing specifically with restriction applications (although admittedly the number of cases in that list has decreased significantly since the introduction of "voluntary" restriction and disqualification by the Companies Act 2014). Read More...

Subject: Company law, Corporate governance        Level: Expert        Date added: 1st December 2017

At the end of 2016, and somewhat beneath the scanner, the Irish Government commenced Regulations which are important to both companies and their advisers. Those Regulations are made pursuant to Article 30 of the Fourth EU Anti Money-Laundering Directive and came into operation on 15th November 2016. The Directive envisages that every member state should keep a register of the natural persons who are the beneficial holders of the shares in companies registered in the member state... Read More...