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.
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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.
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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.
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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.
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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.
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Applying for an Off-Licence.
Contact: Jennifer Clarke.
Spring 2009.
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Insolvency: The Options Open to the Directors
of Troubled Companies.
Contact: Jill
Callanan.
Autumn 2008.
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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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