High Court precedent in dealing with defences of “undue influence” is essentially that a mere assertion by a guarantor of undue influence will not suffice as a Defence, and that the court will consider all of the surrounding circumstances. I set out below a link to a recent case, Allied Irish Banks Plc -v- Grove…
A senior banker once justified to me the sale of a portfolio of Non-Performing Loans to vulture funds on the basis that the bank had received “market value” for them. I debated with him whether the bank had actually achieved market value from the vulture funds, given that the “market value” was actually being dictated by a…
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…
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