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Solicitor, Gerald Kean was brought to court by EBS over an accountable trust receipt (ATR) that was given by him to EBS in 2008 in order to obtain the title deeds of his client’s three properties, which were held by EBS as security for the mortgage that was taken out against them. Mr. Kean gave [...]
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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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Ickendel Limited Limited v Bewleys Café Grafton Street Limited [2014] IESC 41 The Supreme Court judgment given on the 1st July 2014 has ruled in favour of Ickendel Limited, the landlord, holding that Bewley’s, the Tenant, must now pay €1.464 million rent. The previous High Court ruling of Charlton J, which held in favour [...]
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Examinership is a process whereby a struggling but potentially viable company can seek a limited period of Court protection from its creditors in order to have an independent person, the examiner, appointed in order to formulate proposals for a compromise or scheme of arrangement with its creditors which, if accepted by the creditors and ultimately [...]
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06 Feb '14
The way it is now: Commercial Rates are a tax, which date back to 1838, imposed by local authorities on the occupiers of commercial and industrial property. The types of property upon which rates are charged include shops, offices, factories, warehouses, hotels, licensed premises etc. Each year, usually in March, the local authorities strike the [...]
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12 Jun '13
Most people are aware that directors are appointed to manage the business of a company but many individuals who accept the position of director are oblivious to the onerous duties and obligations that will be imposed on them as directors. There is no statutory limit in Company Law regarding the maximum number of directors [...]
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20 May '13
Parental Leave in Ireland increased from 14 to 18 weeks and is available to each parent per child as a result of the coming into operation of the European Union (Parental Leave) Regulations 2013 on 8 March 2013. The purpose of these Regulations is to transpose EU Council Directive 2010/18/EU into domestic law: the Directive [...]
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Waterside Management Company v Brendan Kelly and Asta Kelly. This recent interesting case before the President of the High Court, Nicholas Kearns, found that where a judgment debtor does not hold an equitable interest in a property a receiver by way of equitable execution cannot be appointed. Background: The Plaintiff is the Management Company of [...]
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19 Apr '13
There is often a lot of uncertainty about the steps to be taken once your company has been incorporated in the Companies Registration Office (‘CRO’). In Ireland to be compliant with the Companies Acts 1963-2009, the following matters must be addressed once a company has been incorporated: 1. The company must have its own Headed [...]
