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Supreme Court decides that companies cannot be restricted under section 150
  • A&L Goodbody
  • Ireland
  • December 31 2008

The Supreme Court decided on 16 December 2008 in the Worldport Ireland Limited case that bodies corporate or companies cannot be restricted under Section 150 of the Companies Act 1990


European order for payment procedure: a new method of debt recovery
  • A&L Goodbody
  • Ireland, European Union
  • January 20 2009

On the 12 December 2008, Council Regulation (18962006) creating a European order for payment procedure, came into effect in Ireland


Supreme Court decision on governing jurisdiction clauses
  • Matheson
  • Ireland
  • March 2 2010

In O'Connor & Anor v Masterwood (UK) Ltd & Ors, the plaintiffs alleged that a prior agreement with a third party to the dispute which did not contain a governing jurisdiction clause should govern the arrangement


Can parties choose an alternative governing law to opt out of the applicability of the Commercial Agency Regulations?
  • Matheson
  • Ireland, United Kingdom
  • June 15 2010

In a recent High Court case in England, it was held that even where parties choose a non-EU governing law in an agreement, the Commercial Agency Regulations (and indeed any other mandatory EU laws) must be followed


Inadvertent waiver of events of default
  • LK Shields
  • Ireland, United Kingdom
  • June 22 2010

The past couple of years in Ireland have seen lenders adopt a 'wait and see' approach to a large number of borrower defaults, but such tactics can be fraught with danger, particularly in light of a recent UK court decision


Civil Law (Miscellaneous Provisions) Act 2011 introduces a number of important reforms
  • A&L Goodbody
  • Ireland
  • August 4 2011

The Civil Law (Miscellaneous Provisions) Act 2011 was signed into law by the President on 2 August 2011


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


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


Endeavours in commercial contracts
  • LK Shields
  • Ireland, United Kingdom
  • November 15 2011

Most parties who have been involved in any sort of commercial negotiations leading to written contracts will be reasonably familiar with the terms "best endeavours" and "reasonable endeavours", used in circumstances where it is not possible to give an absolute contractual commitment


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