We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-8 of 8

Proposed clarification to mortgagees’ rights welcomed

  • Matheson
  • -
  • Ireland
  • -
  • April 4 2013

On 28 March 2013, the Irish Government published the Land and Conveyancing Law Reform Bill 2013 (the “Bill”), which, if passed, provides that

Matheson insolvency update: court refuses possession order due to mortgage code failure

  • Matheson
  • -
  • Ireland
  • -
  • March 19 2013

A recent High Court decision has further demonstrated that failure to comply with the Code of Conduct of Mortgage Arrears (the "Code") is likely to

McEnery v Sheahan judgment provides further comfort to mortgagees

  • Matheson
  • -
  • Ireland
  • -
  • July 20 2012

Following fast on the heels of the judgment in EBS v Gillespie, the (unapproved) judgment in McEnery v Sheahan provides further comfort in relation to mortgages created under the Conveyancing Act 1881 (the “1881 Act”) before its repeal by the Land and Conveyancing Law Reform Act 2009 (the "2009 Act"

EBS Limited v Gillespie - further clarification of issues arising from Start Mortgages judgment

  • Matheson
  • -
  • Ireland
  • -
  • July 13 2012

The judgment in the case of EBS Limited v Gillespie provides welcome clarification of the concerns which arose as a result of the controversial Start Mortgages judgment

Kavanagh and Ors v Lynch and Ors - effect of start mortgages ruling curtailed by the High Court

  • Matheson
  • -
  • Ireland
  • -
  • September 2 2011

In a judgment delivered on 31 August 2011 Ms. Justice Laffoy has clarified certain of the potential wider ramifications of the ruling in the case of Start Mortgages Limited & Ors v. Gunn & Ors

Second judgment in Belgard Motors case - priority to preferential creditors regardless of crystallisation of floating charge

  • Matheson
  • -
  • Ireland
  • -
  • July 15 2011

Ms. Justice Finlay Geoghegan, in her second judgment in the Belgard Motors case (Re JD Brian Limited (In Liquidation)(and related companies)) delivered on 11 July 2011, held that a notice served on foot of a clause in a debenture which indicated that the bank in question could, by notice in writing, convert a floating charge to a fixed charge over all the property and assets of the company subject to the floating charge if, in the bank’s sole judgment, the property and assets concerned were in jeopardy, was not sufficient to convert the floating charge into a fixed charge

Update following recent judgment in the Zurich Bank v Jim Mc Connon case

  • Matheson
  • -
  • Ireland
  • -
  • April 5 2011

A number of observations by the court in this recent judgment, in relation to defences commonly sought to be deployed by borrowers in proceedings for the recovery of loans, will be of interest to financial institutions in particular

High Court decision of McInerney Homes Limited

  • Matheson
  • -
  • Ireland
  • -
  • February 28 2011

In the recent High Court decision of McInerney Homes Limited, the court has ruled for the first time that proposals for a scheme of arrangement (the "Scheme") entailing payment to a secured creditor of a written down sum in full satisfaction of its debt, could be approved