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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 [...]
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This case refers to Section 74(3) of the Land and Conveyancing Law Reform Act 2009 which states that “any conveyance of property made with the intention of defrauding a creditor or other person is voidable by any person thereby prejudiced”. This case arose from an appeal from the Dublin Circuit Court to the High Court. [...]
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We at FitzGerald Solicitors would like to congratulate our managing partner, Philip O’Leary, on his appointment by the Minister for Justice, Frances FitzGerald, as non-executive Chair of the Legal Aid Board. It is a great honour for the firm to have one of its partners appointed to such a prestigious role. As an organisation, the [...]
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As everyone is aware in February 2013 the Irish Bank Resolution Act 2013 was enacted and a Special Liquidation Order was signed by the Minister for Finance placing IBRC ( a merger of Anglo Irish Bank and Irish Nationwide Building Society) into Special Liquidation. The Special Liquidators of IBRC then had the monumental task of [...]
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03 Feb '16
Conduit/BT, operators of Irelands Emergency Call Answering Service (ECAS) have introduced a new ‘Toilet Break Policy’ which seeks to monitor 999 operators visits to the bathroom. In essence, operators will now have to ask for management permission to use the toilet. That wonderful old Irish euphemism “An bhfuil cead agam dul amach” comes to mind. [...]
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The break-up of a marriage may have devastating consequences for all parties both emotionally and financially. The Irish Courts have a constitutional obligation to ensure that “proper provision” is made for both spouses and any dependent children. Judges have wide discretion and can make any orders that the Court feels appropriate in order to ensure [...]
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Compliance with data protection regulation has far reaching and profound consequences; from questions of evidential admissibility arising in recent criminal and civil trials to the controversy in respect of the retention of Primary school children’s data; from Edward Snowdon to Cloud computing. In today’s data driven world every organisation, company and individual involved in [...]
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On the 27th of January 2015 the Central Bank of Ireland announced the scope of the eagerly anticipated regulations which will apply limits to mortgage lending by regulated financial institutions in Ireland. The new regulations introduce proportionate limits for loan to value and loan to income measurements for both primary dwelling houses and buy to [...]
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The Minister for Finance, Michael Noonan TD, published the Finance Bill 2014 on the 23rd of October 2014 (“the Bill”). The Bill gives effect to the measures announced in Budget 2015. The Bill includes measures which will benefit the farming community such as: The Bill provides for exemption from Capital Gains Tax on any chargeable [...]
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AHEAD OF BUDGET 2015, the Minister for Finance was undoubtedly advised by some commentators that the best tactic was to make as little change as possible and he appears to have adopted that strategy. Minister Noonan stated that his main objective was to reduce unemployment, and some of the measures that he proposed seem [...]
