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Results: 1-10 of 16

Incorporating contractual terms by reference

  • Matheson
  • -
  • Ireland
  • -
  • August 14 2014

A recent decision, National Asset Loan Management Limited v Michael Barker and Others 2014 IEHC 216, confirmed that as part of a summary judgment

“Examinership-lite” - changes introduced by The Companies (Miscellaneous Provisions) Act 2013

  • Matheson
  • -
  • Ireland
  • -
  • January 2 2014

The Companies (Miscellaneous Provisions) Act, 2013 (the "Act") was signed into law on 24 December 2013 and has introduced what has become

Getting down to business in the Commercial Court

  • Matheson
  • -
  • Ireland
  • -
  • September 20 2012

The vast majority of cases admitted to the list have been commercial claims with a value in excess of 1 million (1165 in total

Withholding consent in a commercial context what’s reasonable?

  • Matheson
  • -
  • Ireland
  • -
  • September 13 2012

In the recent case of Porton Capital Technology Funds & Ors v 3M UK Holdings Ltd & Anor the English High Court considered the relevant principles to be applied where a Share Purchase Agreement provided that the purchaser of the business could not cease to carry on the business without the vendor’s consent, such consent “not to be unreasonably withheld”

Derivative actions and exceptions to Foss v Harbottle

  • Matheson
  • -
  • Ireland
  • -
  • September 4 2012

As a general rule, Irish law does not permit a shareholder to bring an action on behalf of the company in which it holds shares and treats the company itself as the proper plaintiff

Companies Act: security for costs

  • Matheson
  • -
  • Ireland
  • -
  • May 1 2012

Under Irish law, as a general rule, costs typically follow the event such that the winning party recovers its party and party costs from the unsuccessful party

EU Brussels I Regulation raises questions of jurisdiction

  • Matheson
  • -
  • Ireland
  • -
  • January 17 2012

In Anglo Irish Bank Corporation Limited v Quinn Investments Sweden AB the High Court had to consider applications under Articles 23 and 28 of the EU Brussels I Regulation

Solicitors' undertakings regarding payments

  • Matheson
  • -
  • Ireland
  • -
  • December 20 2011

A recent case raised the question of whether a solicitor's undertaking in respect of future payments to be made to a client company constituted a charge over the book debts of that company within the meaning of the Companies Act 1963

Independent 'personal' liability of directors

  • Matheson
  • -
  • Ireland
  • -
  • October 27 2011

Despite the March 2011 decision, the regulator and the landlord argued that a “fall back” order should be made against the directors

Brian Farrell v XSIL Corporation Limited, XSIL Limited and XSIL Technology Limited (UD19802009)

  • Matheson
  • -
  • Ireland
  • -
  • July 6 2011

The claimant was employed as CEO of all three of the respondent companies