ARTICLE · 02 JULY 2015

Primacy Of Examiner's Commercial Judgment Reaffirmed

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Ken Fennell of Deloitte was appointed examiner of Ladbroke (Ireland) Ltd and a number of its related companies (collectively the "Companies").

IrelandInsolvency/Bankruptcy/Re-Structuring

Julie Murphy-O'Connor

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Introduction

The recent decision of the High Court in the case of In the matter of Ladbroke (Ireland) Limited and Others has, in the first written judgment in relation to the matter, reaffirmed the principles established in the eircom examinership regarding an examiner's engagement with potential investors. The decision upholds the primacy of the examiner's commercial judgment, which is subject to review by the court only to the extent that it is so "utterly unreasonable and absurd that no reasonable man would have done it".

Summary

Ken Fennell of Deloitte was appointed examiner of Ladbroke (Ireland) Ltd and a number of its related companies (collectively the "Companies").

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