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.

Battling the Backlash of the Financial Crisis:
The Financial Litigation Unit at LK Shields Solicitors.
Contact: Sarah Lyons.
Summer 2009.
Click to view.

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.

Bookmaker Successfully Appeals VAT Assessment.
Contact: Eoin Cunneen.
January 2008.
Click to view.

Directors' Responsibilities should their Company become Insolvent. Contact: Jill Callanan. January 2008. Click to download. (pdf)

Legal Tender?
Your company has tendered for a public sector contract and has not been successful, but you feel that the playing field may not have been exactly level. So what can you do? Contact: Eoin Cunneen.
Winter 2006.
Click to view.

Caveat Emptor?
Recent UK case law has important implications for buyers and their advisers in mergers and acquisitions (M&A) transactions in the context of due diligence carried out on the target company.
Contact: Richard Curran or Zelda Deasy.
Winter 2006.
Click to view.

Courting Success.
The Commercial Court has proven to be a significant success since its inauguration almost two years ago.
Contact: Michael Kavanagh.
Autumn 2006.
Click to view.

Presentation to ACCA gathering in Dundalk on the following topics:
Recent tax issues in relation to property, Revenue's investigation of the contruction sector and Practical tips and traps in relation to stamp duty.
Contact: Emmet Scully or Eoin Cunneen.
April 2006.
Click to view. (Powerpoint)

Revenue will Expose Rogue Builders.
Contact: Eoin Cunneen.
March 2006.
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.

Company Law Update for Advisers.
On 18 September 2003 Emmet Scully and Eoin Cunneen were the speakers at 'Company Law Update for Advisers' organised by the Irish Taxation Institute.

The seminar addressed recent changes relevant to company law including:

• the Office of the Director of Corporate Enforcement (ODCE),
• new regulations imposing obligations on profesional advisers in relation to money laundering and
• an analysis of the Companies (Auditing and Accounting) Bill 2003.

  Click to download paper on the ODCE. (pdf)
  
  Click to download paper on money laundering. (pdf)
  
  Click to download paper on directors' compliance statements. (pdf)
  
  Click to download paper on the duties of auditors to report to the Director of Corporate Enforcement. (pdf)

Insolvency:
The Fraudulent Preference of Creditors and Related Issues. (pdf)
This paper was presented at a seminar on 'Recent Developments in Insolvency Law' at The Irish Centre for Commercial Law Studies in University College Dublin on the 5th December, 2002.
Contact: Hugh Garvey.
Click to download.

Companies Acts Investigations. (pdf)
A paper presented at a seminar on the Company Law Enforcement Act, 2001, which was held by the Law Society of Ireland.
Contact: Hugh Garvey.
September, 2001.
Click to download.

Restricting Directors:
Recent Case Law on Section 150 of the Companies Act 1990.
(pdf)
Contact: Hugh Garvey.
Click to download.

Liability for Defective Products. (pdf)
Contact: Hugh Garvey.
January 2001.
Click to download.

Product Safety. (pdf)
Contact: Hugh Garvey.
September 2000.
Click to download.

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