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13 May '19
On 9 May 2019 a five Judge Supreme Court handed down a judgment in the case of ACC Loan Management Limited DAC -v- Mark Rickard and Gerard Rickard [2017/146]. The Supreme Court had to make a decision on an appeal from a decision of the Court of Appeal by Mark Rickard. The background to the [...]
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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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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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21 Feb '19
The European Court of Justice (“ECJ”) has ruled that the Irish Government did not discriminate against teachers on the grounds of age by cutting the starting salary for new entrants. The matter was brought before the ECJ by two claimants, Tomás Horgan and Claire Keegen, both members of the Irish National Teachers’ Organisation (“INTO”), who [...]
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On 28 January 2019 it was announced that the new State lender for small and medium sized developers known as Home Building Finance Ireland (“HBFI”) has opened for business with an initial €750 million which is expected to fund the delivery of up to 7,500 new homes over the next five years. The scheme aims [...]
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On the 19 November 2018 the Chief Justice Mr Frank Clarke issued a new Practice Direction regarding the use of cameras and electronic devices in Court. The aim of the Practice Direction is to provide clarity for all parties involved or attending before the Courts as to the prohibitions which apply to the use of a [...]
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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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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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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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