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“Don’t ask questions, just sign the papers.” Another High Court case dealing with “undue influence” in respect of Personal Guarantees
  • Posted by: Jim Stafford
  • Category: Business

High Court precedent in dealing with defences of “undue influence” is essentially that a mere assertion by a guarantor of undue influence will not suffice as a Defence, and that the court will consider all of the surrounding circumstances. I set out below a link to a recent case, Allied Irish Banks Plc -v- Grove…

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Update on how to deal with the vulture funds
  • Posted by: Jim Stafford
  • Category: Business, Uncategorized

A senior banker once justified to me the sale of a portfolio of Non-Performing Loans on the basis that the bank had received “market value” for them. I debated with him whether the bank had actually achieved market value, given that the “market value” was actually being dictated by a small circle of vulture funds, who were…

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The importance of accurately describing the role of a Receiver in a Deed of Appointment
  • Posted by: Jim Stafford
  • Category: Business

I set out below a link to a recent High Court judgment that has possibly identified a critical flaw in some Receivership appointments. When a bank/fund appoints a Receiver, it does so by a Deed of Appointment. The Deed needs to be precise and in accordance with the Charge documentation. In the case below, the borrower argued that…

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Does a “Full & Final”​ settlement by a bank with one borrower preclude it from suing other joint borrowers?
  • Posted by: Jim Stafford
  • Category: Business, Uncategorized

There was a time when some solicitors advising banks on negotiating settlements were very nervous about the implications of the Civil Liability Act 1961. However, as a recent High Court case has indicated, provided the Settlement Agreement is properly crafted, there should be no such concerns. In Bank of Ireland – v- Doyle a borrower…

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Shareholder Disputes
  • Posted by: Jim Stafford
  • Category: Business

There are two broad ways in which such a shareholder dispute may be handled – the consensual way and the non-consensual way. In theory, shareholder disputes should be the one type of dispute that should be amenable to Mediation, as usually the parties already know each other. We are pleased to say that, in practice,…

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