OSM Partners Quarterly Bulletin June 2018

This briefing covers some of the more relevant case law and legislative updates which have been published since our last briefing. We are more than happy to advise or discuss in greater detail any of these issues which are of particular interest or concern to you or your organisation.

The highlights set out in this review include:

  • Attempt to Judicially Review Granting of Order for Possession

  • High Court Considers its Obligations Regarding CCMA

  • Consideration of Circuit Court Rules on Renewal of Execution Order

  • Consideration of Receiver’s Power to take Possession

  • Attempt to Strike Out Proceedings for Delay Arising from Loan Sale

  • Attempt to Subject all Sums Due Mortgage to Doctrine of Consolidation

  • Summary Judgment Refused where Execution of Guarantee Disputed

  • High Court Considers Applications for Equitable Enforcement Remedies

  • Automatic Substitution of Plaintiff Pursuant to the Central Bank Act 1971

  • Challenge to Locus Standi of Bank where Bank Executed Declaration of Trust

  • Bank’s Liability for Failure of Life Cover

  • Tenant Seeking to Block Mortgagee taking Possession

  • Attempt to Rely on Alleged Oral Term which Contradicted Written Term

  • Attempt by Third Party to Invoke Defence on Behalf of Property Owners

  • Attempt By Debtors To Rely On Restructure To Defend Proceedings

  • A Summary of the Relevant Government Initiatives.  

To read the briefing in full, please click here

For further information on any of the updates discussed below, or for general advice in relation to matters relevant to your business, contact Declan Murphy, Richard O'Sullivan, Claire Colfer, Andrew Coughan or Raymond Lambe, or your usual contact in OSM Partners.