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Home > Publications > Litigation and Dispute Resolution

Litigation and Dispute Resolution


Options for Landlords with Insolvent Tenants.

The continuing harsh economic conditions see more and more businesses going into examinership. Examinership has serious implications for landlords. This artilce explains what landlords can expect when their tenants seek the protection of the courts and what it may mean for their leases.
Contact: Jill Callanan.
Spring 2011.
Click to view.

Privilege.
Companies might think that advice from their in-house lawyer is covered by lawyer/client privilege - but not according to a recent ruling from the
European Court of Justice, Akzo Nobel v Commission.
Contact: Michael Kavanagh.
Winter 2010.
Click to view.

New Tender Review Process.
Public sector contracts invariably involve high value contracts. The EU has developed a series of complex regulations governing the way contracts are awarded and which set out the remedies for unsuccessful tenderers who feel aggrieved by the tender process. Contact: Eoin Cunneen or Niamh Hackett.
June 2010.
Click to view.

Bell Lines Limited (in Official Liquidation).
The Supreme Court Rules that a Secretary of State of the United Kingdom is Entitled to be treated a a Preferential Creditor in a Winding Up in Ireland.

LK Shields Solicitors acted for the Secretary of State for the Department of Business Innovation and Skills of the Government of the United Kingdom (the Secretary of State) in a Supreme Court Appeal which raised a succinct technical point in a liquidation.

Contact: Michael Kavanagh or Shane Neville.
March 2009.
Click to download.

An Introduction to Examinership.
The statutory framework for placing a company in examinership is set out in the Companies (Amendment) Act 1990. The process is designed to provide a mechanism
for a company facing financial difficulty to benefit from a certain period of protection
and to enable its rescue.
Contact: Marco Hickey or Jill Callanan.
October 2009.
Click to download.

Liability Under a Personal Guarantee.
Guarantees - when if comes to payment, the liability of the guarantor will include the unpaid principal and the interest which continues to accrue at a compound rate of interest... This article was published in The Sunday Business Post.
Contact: Jill Callanan.
July 2009.
Click to download. (pdf)

Examiners, Receivers and the Thomas Read Group.
Contact: Clare Whelehan.
June 2009.
Click to view.

Guarantees in the Context of Examinerships.
Contact: Marco Hickey.
May 2009.
Click to download. (pdf)

Examinership: Can Secured Creditors Bank on it?
Contact: Hugh Garvey.
Spring 2009.
Click to view.

Applying for an Off-Licence.
Contact: Jennifer Clarke.
Spring 2009.
Click to view.

Insolvency: The Options Open to the Directors of Troubled Companies.
Contact: Jill Callanan.
Autumn 2008.
Click to view.

The Discovery Channel.
Discovery and electronically stored information (ESI).
Contact: Michael Kavanagh.
Click to view.

Supreme Court Deals a Blow for Common Sense.
The Supreme Court has described the statutory regime relating to the restriction of company directors as 'draconian'. And it had some harsh words for the Director of Corporate Enforcement, too.
Contact: Hugh Garvey.
Summer 2008.
Click to view.

Directory Enquiries.
Since it came into force in August 1991, section 150 of the Companies Act 1990 has become an increasingly important piece of legislation that company directors must bear in mind when carrying our their responsibilities.
Contact: Hugh Garvey or Jill Callanan.
Spring 2008.
Click to view.

Trail of Discovery.
Discovery of documents is an essential tool in all but the simplest forms of litigation. Both sides are obliged to make available all documents, including those that may damage their own case or indeed help their opponents' case.
Contact: Michael Kavanagh.
Spring 2008.
Click to view.

Commercial Agents and a Recent House of Lords Decision.
Contact: Michael Kavanagh.
Autumn 2007.
Click to view.

Commercial Agents: LK Shields Solicitors Act for the Plaintiff in Landmark Decision of the High Court in the Case of Kenny v Ireland ROC Limited.
Contact: Marco Hickey.
October 2005.
Click to view.

 

 

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