This case related to a claim by ACC Bank plc (the Bank) for a summary judgment against the first named defendant on foot of a personal guarantee of €250,000 in respect of a loan facility to a company, China Girls Limited (the Borrower) of €3.9m.
Financial RegulationThe High Court in ICS Building Society -v- Lambert [2014] IEHC 581 has made clear that while the Financial Regulator's Code of Conduct on Mortgage Arrears (the Code) confers a discretion on the court in dealing with an application for possession the absence of co-operation by a borrower will mean that it will generally not be possible to assess the reasonableness of any proposal made.
Financial Regulation2014 has been another busy year in the courts for restriction and disqualification applications.
Restructuring & InsolvencyThe Labour Court recently issued an important decision stating that an employee is not entitled to rely on the provisions of the grounding European Working Time Directive against a private sector employer in circumstances where she was claiming an entitlement to accrue annual leave whilst on sick leave (Sparantus Limited t/aHighfield Healthcare and Agnieska Jemiola DWT 4110).
EmploymentIn the recent case of Murphy v Joe O'Toole & Sons Ltd & Anor [2014] IEHC 486, Baker J. held that the limitation period for an agreement for the sale of goods ran from the date of delivery of the goods, rather than from the date of the contract was entered into by the parties.
DisputesThe recast Brussels Regulation ((EC) No. 1215/2012), which repeals the Brussels I Regulation ((EC) No. 44/2001), came into operation on 10 January 2015.
DisputesRecent UK and European Union case-law has created some confusion in Ireland as to the basis on which Irish employers should calculate their employees' holiday pay. So what is the position now?
EmploymentThe Companies Bill 2012 has now been signed by the President of Ireland (on 23 December 2014), and has become the Companies Act 2014 (the Act).
Investing in IrelandThe Companies Bill 2012 has now been signed by the President of Ireland (on 23 December 2014), and has become the Companies Act 2014 (the Act). It is expected that most of the provisions of the Act will come into effect on 1 June 2015, although this date is subject to change.
Asset Management & Investment FundsThe recast Brussels Regulation ((EC) No, 1215/2012) has application from 10 January 2015. The Brussels I Regulation established a set of EU rules that determine which court has jurisdiction in cross-border disputes and how court judgments issued in one EU Member State are recognised and enforced in another Member State.
Disputes
