I set out below a link to a recent High Court judgment that has possibly identified a critical flaw in some Receivership appointments. When a bank/fund appoints a Receiver, it does so by a Deed of Appointment. The Deed needs to be precise and in accordance with the Charge documentation. In the case below, the borrower argued that…
There was a time when some solicitors advising banks on negotiating settlements were very nervous about the implications of the Civil Liability Act 1961. However, as a recent High Court case has indicated, provided the Settlement Agreement is properly crafted, there should be no such concerns. In Bank of Ireland – v- Doyle a borrower…
There are two broad ways in which such a shareholder dispute may be handled: the consensual way and the non-consensual way. In theory, shareholder disputes should be the one type of dispute that should be amenable to Mediation, as usually the parties already know each other. We are pleased to say that, in practice, mediation…
I recall some years ago a senor banker said to me, very smugly, that “Our previous verbal agreements with your client are not worth the paper they are written on.” Was the banker legally right in his statement? Yes, he was. The parol evidence rule prevents the introduction of evidence of prior or contemporaneous negotiations…
Last month AIB completed the sale of €1.1bn of loans from to Everyday Finance DAC for €800M, a discount on the loans of close to 25pc. It’s understood most of the loans sold are attached to commercial property and investments after AIB stripped out buy-to-let mortgages, small-to-medium business loans, a number of development loans, and…
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