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In the recent High Court case of The Personal Insolvency Acts 2012-2015 and in the Matter of Thomas Finnegan (a Debtor), delivered on 4 March 2019, McDonald J set a clear statement about the approach the court should take with regards to the issue of costs in Legal Aid cases (not necessarily limited to Ahaile [...]
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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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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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In Circuit Court and District Court cases one party can seek a general order for discovery from the other party by requesting that they discover all documents relevant to the issues in dispute and the onus is on the party disclosing the documents to list and furnish all documents that they consider relevant to the [...]
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03 Feb '14
When deciding to bring civil court proceedings one of the matters to be considered is the court in which the case should be heard. In determining which court is appropriate the monetary jurisdiction of the courts is relevant. It is therefore important to note that changes are to be made to the monetary jurisdictions of [...]
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Part IV of the Personal Insolvency Act 2012 which deals with bankruptcy is due to be commenced today. If you are considering applying to be adjudged bankrupt, the following are some important points to note: 1. Obligation to consider alternatives to Bankruptcy: The Personal Insolvency Act 2012 introduces new mechanisms to deal with personal debt [...]
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Danske Bank A/S t/a Danske Bank -v- Meagher [2013] IEHC 496 Judgment in the above case was delivered in the High Court by Mr Justice Peart on the 4th of October 2013. Background On the 25th of February 2013 Mr Justice Kelly, in the Commercial Court, granted a judgment for the sum of €7 million [...]
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ACC Bank Plc -v- Ruadhri McEllin, John McEllin and Emer McEllin [2013] IEHC 454 Judgment in the above case was delivered by Mr Justice Birmingham in the High Court on the 18th of October 2013. Background The first named defendant (‘the son’) persuaded the second and third named defendants (‘the parents’), into joining him in [...]
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08 Jul '13
What types of debts are covered by The Personal Insolvency Act 2012 : Excluded Debts and Excludable Debts The Personal Insolvency Act 2012 has introduced three new insolvency procedures to enable individuals to resolve their debt issues. These procedures are Debt Relief Notices, Debt Settlement Arrangements and Personal Insolvency Arrangements. Different eligibility criteria apply to [...]
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On the 8th May 2013 the Central Bank announced its latest approach to try and find sustainable solutions for borrowers with multiple debts. The pilot programme will run for 3 months and will be operated by a third party service provider. Its aim is to foster co-operation between lenders in order to resolve distressed [...]
