International Corporate Rescue
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Vol 17 (2020) - Issue 3
Article preview
Supreme Court Clarifies Law that has Troubled Common Law Courts in Ireland and Elsewhere for Over a Century
Brendan Colgan, Partner, and Kevin Gahan, Senior Associate, Matheson, Dublin, IrelandSynopsis
A recent decision of the Irish Supreme Court in ACC Loan Management Limited DAC ['ACC'] v Rickard1 has provided welcome clarity on the position in Ireland regarding the appointment of a receiver by way of equitable execution. The appointment of a receiver by way of equitable execution has its origins in equitable principles. Historically where a judgment creditor was unable to recover monies by any of the 'legal' methods of enforcement, the appointment of a receiver enabled a judgment creditor to capture certain equitable interests.
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