Article"Beyond Concerning" - Seeking And Following Advice From The "Wrong Person"A recent High Court decision of Mr. Justice Heslin in Start Mortgages Limited v Michael Ryan and Agnes Ryan[1] , has sounded the klaxon for lay litigants...IrelandLitigation, Mediation & ArbitrationRDJ LLP
ArticleIncrease In Court-Ordered Residential Repossessions In IrelandA total of 1,135 possession orders were made by the Irish courts in the first nine months of 2015. This is an increase of almost 70% on the same period in 2014, and a 350% increase on the same period in 2013.IrelandReal Estate and ConstructionArthur Cox
ArticleESMA Outlines Future Regulatory Framework For ETFs And Other UCITS IssuesOn 30 January 2012, the European Securities and Markets Authority ("ESMA") published a consultation paper setting out future guidelines on UCITS exchange traded funds ("ETFs") and other UCITS-related issues. European UnionFinance and BankingMatheson
ArticleCentral Bank Of Ireland Publishes Insights Into The Global Position Of The Irish SPE IndustryIreland has for many years been the premier European location for activities to support the global cross border debt issuance market. Ireland provides a responsible,IrelandFinance and BankingMatheson
ArticleNew Central Bank Housing Loan Regulations And The Requirement For Revaluation By LendersThe Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Housing Loan Requirements) Regulations 2015, introduced new regulations for lenders of housing loans advanced for the purchase of residential property.IrelandFinance and BankingMason Hayes & Curran LLP
ArticleUlster Bank Successfully Appeals FSPO Decision On Tracker MortgagesA recent Court of Appeal case, Ulster Bank Ireland DAC v Financial Services and Pensions Ombudsman [2024] IECA 231.IrelandLitigation, Mediation & ArbitrationWilliam Fry LLP
ArticleConsumer Mortgage Credit Agreements RegulationsOn 21 March 2016, the Minister for Finance signed the European Union Regulations 2016 into Irish law. IrelandFinance and BankingMason Hayes & Curran LLP
ArticleHigh Court Decision – Definition Of A ConsumerOn 15th December 2015, the Irish High Court (the "Court") handed down an important decision in the case of KBC Bank Ireland Plc v Osborne [2015] IEHC 795...IrelandFinance and BankingDillon Eustace
ArticleNew Irish Bill Remedies Start Mortgages JudgmentThe Irish Minister for Justice, Equality and Defence, Alan Shatter has recently published the Land and Conveyancing Law Reform Bill 2013.IrelandFinance and BankingMaples Group
ArticleNon-Bank Lenders: Insights On Their Increased Role In The Irish Mortgage MarketThe Central Bank's latest Financial Stability Note provides useful insights into the increasing role (in line with global trends) played by non-bank lenders (NBLs) in the Irish mortgage market.IrelandFinance and BankingArthur Cox
ArticlePriority Of Judgment MortgagesThe status of a judgment mortgage as against an executed charge that was registered later in time in the Property Registration Authority has been clarified by Keane J. in Larianov Foundation v...IrelandFinance and BankingDillon Eustace
ArticleRedacted Transfer Documentation Sufficient To Show Transfer Of TitleSince the High Court judgment in English v Promontoria (Aran) Limited (English case), the question of what level of redaction might be acceptable to prove transfer of ownership of loan ...IrelandFinance and BankingMason Hayes & Curran LLP
ArticleResolving The Mortgage Arrears Crisis (Volume 1/2017)This briefing summarises recent cases, developments and trends relevant to ongoing efforts to resolve the mortgage arrears crisis. IrelandFinance and BankingArthur Cox
ArticleReview Of UCITS Self-Managed Investment Company Business PlansThe purpose of this briefing note is to provide information on the review by the Central Bank of the business plans for UCITS selfmanaged investment companies ("SMICs"). IrelandFinance and BankingArthur Cox
ArticleStart Mortgages Solved?Many of you will have seen the media reports last night and today in relation to promised legislative intervention to resolve the issues created by the decision in the Start Mortgages case.IrelandFinance and BankingMason Hayes & Curran LLP
ArticlePeer To Peer (P2P) Lending – Withholding Tax Obligations – Borrowers (And Lenders) BewareSection 246 of the Taxes Consolidation Act, 1997 requires the deduction of income tax at the standard rate from annual (yearly) interest paid by (i) companies ...IrelandWealth ManagementDillon Eustace
ArticleSpringboard Mortgages Limited Fined €4.5m By The Central Bank Of IrelandA good example of the increased tendency by the Central Bank of Ireland, to use its enforcement powers, in tandem with its supervisory powers is its recent settlement with Springboard Mortgages Limited... IrelandFinance and BankingDillon Eustace
ArticleSecuritisation Regulation Update: Recent Regulatory Technical Standards On STS Notification RequirementsThe Notification RTS were published by the European Commission on 12 November 2019. European UnionFinance and BankingDillon Eustace
ArticleUnfair Terms Regulations: Are Mortgages In Or Out Of Scope?Is a mortgage between a lender and a consumer outside the scope of the Unfair Terms in Consumer Contracts Regulations?IrelandFinance and BankingArthur Cox
ArticleWho Should Sue – A Bare Trustee Or A Beneficial Owner?In the recent case of Pepper Finance Corporation (Ireland) DAC v Jenkins & anor, the High Court determined who should initiate enforcement proceedings.IrelandLitigation, Mediation & ArbitrationDillon Eustace