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There has been a lot of talk in the media about examinership over the last week as Ireland’s first female Examiner was appointed by a Circuit Court Judge in Co. Meath. While it has been around now for almost 20 years, it has not been availed of as much as it should. There was a [...]
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I was appointed to the Irish Banking Culture Board, an industry initiative established to rebuild trust in the banking sector and promote fair customer outcomes on 15 April by Mr Justice John Hedigan. I regard this as an opportunity to advise on the recalibration of the relationship between banks and their customers. Access to credit [...]
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A Private Limited Company (“Company”) can avail of either of two exemptions from having its financial statements audited pursuant to The Companies Act 2014 (“the Act”). 1. The first exemption is known as “the standard exemption” and can be obtained if the Company satisfies certain conditions in respect of the current financial year and the [...]
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A Dundalk based money transfer / Bureau de change business recently made an application to the High Court by way of injunctive proceedings to prevent Bank of Ireland from terminating their business arrangements. The Dundalk based company claimed Bank of Ireland (BOI) wanted to end their banking arrangements and close their accounts because an alleged [...]
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In 2010 James Fagan, as a director and shareholder of Chevas Securities Ltd borrowed €10 million from Ulster Bank to purchase properties in Dublin, Sligo, Dundalk and Galway. The borrowings were secured over a large number of properties, in particular 28 apartments known as Royston Village in Kimmage, Dublin. The borrowings were restructured in September [...]
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Allied Irish Banks,p.l.c. (“AIB”) (in proceedings 2018/ IEHC306), has lost it’s application for a revisit of judgment of Judge Marie Baker’s adjudication in findings regarding AIB Mortgage Bank v Thompson [2017] IEHC 515 (High Court, Baker J, 31 July 2017) – Summary Judgment proceedings. In the 2017 Summary Judgment proceedings Justice Baker found AIB Mortgage Bank failed [...]
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The Presidents of the Circuit Court, High Court and Court of Appeal signed a practice direction on the role of McKenzie Friends in legal proceedings which came in to force on the 1st of October 2017. A McKenzie friend is a lay man, devoid of legal qualifications who may assist a litigant in Court. The [...]
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03 Nov '17
The Mediation Act 2017 was enacted on 2 October 2017 and it is anticipated that it will come in to force in the coming weeks. The main objective of the Act is to promote mediation as a viable, effective and efficient alternative to court proceedings. The benefits of successful mediation are reduced legal costs, quicker [...]
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Breach of data protection and privacy laws by Uber, the ride sharing company in the United States. The “God view” tool employed by Uber allowed the company’s employees to constantly track drivers and customers in real-time without their knowledge. In 2011 the “God view” programme was used by Uber as a type of novelty [...]
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When a Bank inserts a pre-condition to the drawdown of funds, then it should ensure that same is complied with, or else it may face a challenge as was faced by ACC Bank in the case of ACC Loan Management Limited –v- Gerard Sheehan [2006] IECA343/87/2016. Background The circumstances of the case are that [...]
