There is considerable pressure on Irish companies with Coronavirus. To add to this pressure, since 2008, many non-performing loans have been acquired from Irish banks by Vulture Funds who might be more aggressive in enforcement. There are risks posed by Brexit, in particular on companies that trade with the UK. The UK and Australia have […]
Tenders and transfer of undertakings
Whether the winning of a tender amounts to a transfer of undertaking Suzen v Zehnacker Grebaudereinigung GmbH Krakenkausservice [1997] IRLR 255 is authority that the mere loss of a service contract from one contractor to another is not automatically a transfer of undertaking. In that case, a school had contracted out cleaning operations to cleaning […]
Social insurance fund and informal insolvency
The Protection of Employees (Employer Insolvency) Act 1984 provides for a range of payments to employees of insolvent companies from the Insolvency Fund. See government sites for information here and here. The limitation of the legislation was that you generally needed to show the employer went into liquidation or receivership to claim. However, most insolvent […]
Third-party funding of litigation and after the event (ATE) legal costs insurance
Third-party funding of litigation Litigation funding might fall foul of the rules against maintenance and champerty. Maintenance is defined as the giving of assistance or encouragement to one of the parties to an action by a person who has neither an interest in the action nor any other motive recognised by law as justifying his […]
Proving bank debt
It is common for a bank employee to set out in affidavit or in oral evidence the basis for the debt and a calculation of the arrears. One defence a defendant might use is that the evidence does not comply with Bankers Books Evidence Act 1879 (BBEA). There have been diverging authorities on this. The […]
Construction Contracts Act 2013. To what extent will the adjudicator’s decision be open to challenge.
Ways to challenge the adjudicator’s decision The procedures is similar to that apply to contracts for public works (CPW) before the Act came into force. Separate from this Act, where the State enters a Public Works Contract, there is provision therein for reference of disputes to a project board (where representatives of relevant parties sit) […]
