Sam Saarsteiner

This Practice Note sets out and examines the primary court applications which will be of most relevance to practitioners looking at court remedies available under the Companies Act 2014 (Ireland). It canvasses various contexts and situations, the most relevant and common applications brought and the requirements for each in terms of statutory and evidential requirements. It also discusses typical tactics and strategies deployed both within and adjacent to those applications to improve a party’s position, be it the applicant or respondent.

This Practice Note sets out the most common methods and procedures which a claimant can utilise in order to enforce a monetary judgment which they have obtained against a debtor from an Irish court. It considers enforcement of domestic judgments, practical steps and potential challenges, enforcement of foreign judgments and enforcing an Irish judgment in the UK post-Brexit.

This Practice Note provides guidance on standstill agreements used for either suspending the running of limitation or extending the period of limitation.A standstill agreement is a contractual mechanism by which parties agree to suspend, extend, or otherwise regulate the running of time for specified claims while they explore settlement, exchange information, mediate, or avoid protective proceedings.In Irish practice, standstills most often arise where limitation periods, contractual time bars, procedural deadlines, threatened injunctive relief, insolvency pressures, or impending strike-out risks make it unsafe for one party or the other to simply ‘keep talking’ or taking adjacent action elsewhere with a view to potentially returning to the case at issue. They are not a substitute for proceedings in every case. Their utility depends on the factual matrix presenting, precise drafting, careful identification of claims and parties, and an appreciation that delay itself can have procedural consequences even where a limitation issue is managed.The Irish law on limitation periods is principally statutory. The Statute of Limitations 1957 (Ireland) (SL 1957 (IRL)) governs