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Published 18 September 2017
Welcome to the September issue of the DAC Beachcroft Dublin Commercial Litigation update.
We have prepared guidance and commentary on recent developments together with some helpful updates which we hope will be of interest to practitioners.
A recent High Court ruling which examined the practice of creditors entering into a "split mortgage" or warehousing agreement with debtors as part of a personal insolvency arrangement ("PIA") (pursuant to the Personal Insolvency Act 2012) is likely to result in banks reconsidering warehousing as a "go to" option when entering into PIAs with defaulting debtors.
A new Taxing Master, Paul Behan, was appointed in April. Mr Behan is a founding partner and former managing partner of Behan & Associates and is only the second Legal Costs Accountant to be appointed as Taxing Master. The role of taxing master is a quasi-judicial appointment made by the Cabinet and operates independently of the Courts Service.
Under the new Legal Services Regulation Act there will be a title change to the Office of the Legal Costs Adjudicator with the role of the Taxing Master replaced.
Practitioners will also be aware that Mr. Justice Frank Clarke has been appointed Chief Justice following the retirement of Mrs. Justice Susan Denham.
Mr Justice Clarke was appointed to the High Court in November 2004 and to the Supreme Court in March 2012 and brings a wealth of experience to the role. Mr Justice Clarke has regularly chaired Case Management Hearings for Supreme Court matters and is likely to continue to implement and build upon the efficiencies that Ms Justice Denham introduced during her tenure, to the procedural steps involved in appeals dealt with by the Supreme Court.
There has been some clarity on the law in relation to negligent misstatement following this Supreme Court majority decision.
Enacted in July of this year, this legislation contains significant and far reaching changes to the limitation period for complaints to the Ombudsman.
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