News for December, 2011

Judgment of Hogan J delivered on 6 September 2011, High Court, [2011] IEHC 345
S 99(2)(e) Companies Act 1963 – book debts – priority – solicitor’s undertaking – overdraft facility – security – garnishee order – non-registration of charge – void – equity of redemption.

Where there is a cross-border element to an inheritance, it is often the case that the heir or the estate is subject to taxation in more than one Member State, which can result in their being liable to a disproportionately high tax bill.

The Road Transport Act 2011 amends the Road Transport Acts in accordance with EU Regulations (EU Coach and Bus Services Regulation 1073/2009, the EU Haulage Regulation 1072/2009 and the EU Road Transport Operators Regulation 1071/2009).

Channel 4 is currently running a campaign over several nights called The Great British Property Scandal - in the writer's humble opinion, a worthy attempt to highlight the incongruity of demand for housing and arguably unwilling availability.

Judgment of Laffoy J delivered 28/10/2011, High Court, [2011] IEHC 402
Banking – joint deposit accounts – loan facility – sole account holder – security requirements – withdrawal – set-off – loan agreement – signature – mutuality – joint ownership – survivorship – beneficial ownership – equity – rectification.

Last week, the General Court of the European Union presented a judgment partially annulling a decision of the Commission. It further reduced the fine imposed on certain Quinn Group companies (part of the Irish conglomerate) by the Commission for their participation in a cartel and concerted practices in the acrylic glass (methacrylates) industry. The court reduced the fine against the companies from €9m to €8.25m.

The Department of Jobs, Enterprise and Innovation has invited views from traders and consumers on an EU proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law. Its objective is to enhance cross-border commercial transactions through the creation of a uniform contract law for Member States.