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PRECEDENTS
General This Precedent and its accompanying drafting notes are for use where your client is seeking payment of a straightforward contractual debt and interest in respect of a debt claim. A debt arises where party A (the debtor) is under a contractual obligation to pay an agreed sum to another, party B (the creditor). The classic example is a simple contractual debt arising under a contract for the sale of goods where, for example, the debtor agrees to pay the creditor €50 upon delivery of goods on a certain date. Once delivery takes place in accordance with the agreement, the sum of €50 becomes due and this sum is a debt payable by the debtor to the creditor. Depending on the court in which the matter may proceed, you may also need to refer to additional provisions and wish to adapt this Precedent accordingly. See: • Ireland—Starting and responding to an action—overview • Practice Note: Ireland—Commercial Court—Rules and Procedures You may additionally wish to be aware of other procedures which may be available for recovery of the debt due, for example, serving
PRECEDENTS
[To be printed on headed notepaper of the lender making demand] Service of the Demand The demand must be served in accordance with the notice provisions in the guarantee documentation. Where the notice provisions state that notices should be sent to the registered office of the Guarantor (as opposed to a specific address), you should check at Companies Registration Office for the current registered office prior to serving demand. If you are aware that the registered office may have changed but the address has not yet been updated at Companies Registration Office, the prudent approach would be to send the demand letter to the old and the new addresses. References in the notes refer to the Precedent: Ireland—Guarantee and indemnity: single company guarantor—bilateral—all monies or Ireland—Guarantee and indemnity: single company guarantor—bilateral—specific monies. If you are using an alternative guarantee, please check the corresponding clauses. To: [Insert name of individual and/or position] [insert name of the Guarantor or other relevant entity] [insert address] [insert email address] [copy [specify to who]] Service of demand Precedent: Ireland—Guarantee and indemnity: single company guarantor—bilateral—all monies includes an
NEWS
The Minister for Finance, Michael McGrath, welcomed another successful disposal of part of the Irish State’s shareholding in AIB Group plc (‘AIB’) through an accelerated bookbuild (‘ABB’) transaction. The government has disposed shares due to its belief that banking should be provided by the private sector. Taxpayer funds which were used to rescue banks should be recovered and used for the benefit of Irish people.
NEWS
The Department of Finance, in collaboration with the Competition and Consumer Protection Commission and Central Bank of Ireland, has introduced Ireland's inaugural National Financial Literacy Strategy on 20 February 2025. The five-year strategy addresses significant gaps identified in the April 2024 Mapping Report, which revealed that 43% of Irish adults fall below OECD minimum financial literacy standards. The initiative encompasses three primary workstreams: establishing governance structures, providing implementation guidance, and catalysing systemic change. Notable elements include new guidelines for financial education in schools, annual stakeholder forums, and targeted interventions for underserved groups. The strategy will be executed through yearly Action Plans, with progress monitored against OECD High Level Principles on Financial Consumer Protection. This represents Ireland's first coordinated approach to enhancing national financial literacy and consumer protection standards.
NEWS
The Department of Finance has published its Fiscal Monitor for April 2024 on 3 May 2024.
NEWS
The Department of Finance has published its annual Ireland for Finance Action Plan for 2025 on 29 July 2025. The publication continues the department's series of annual strategic finance sector plans, which have been released yearly since 2020. The 2025 plan represents the latest iteration in this ongoing policy framework for Ireland's financial services sector.
NEWS
The Department of Finance published its Monthly Housing Update for April 2025 on 8 May 2025. The report, which forms part of the Department's regular housing market monitoring programme, provides updated statistics and analysis on Ireland's housing sector. The specific contents and findings of the April update are contained within the accompanying PDF document.
NEWS
The Department of Finance has released its fiscal monitor for November 2024, revealing a significant surge in tax revenues. The total tax collection for November reached €22.8bn, marking a 46.1% increase from the previous year. Cumulative tax revenue to end-November amounted to €99.1bn, 20.8% ahead of the same period last year. This growth was primarily driven by corporation tax receipts, which saw a 59.1% year-on-year increase to €35.0bn, largely due to the Court of Justice of the European Union ruling of 10th September. Income tax and VAT receipts also demonstrated steady growth, both up by 6.4% compared to the previous year. The Exchequer recorded a surplus of €13.8bn to end-November, reflecting an €8.4bn improvement from the same period last year. However, the Minister for Finance cautioned that public finances remain exposed to volatile corporation tax receipts.
NEWS
The IrishDepartment of Social Protection has published two statutory instruments on 28 January 2026 as part of its Statutory Instruments 2026 collection: the SI No 2026/12 Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 1) (Income Disregard) Regulations 2026 (Ireland) and the SI No 13 2026/13 Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 1) (Calculation of Means) Regulations 2026 (Ireland), which amend existing social welfare regulations in relation to income disregard and the calculation of means.
NEWS
The Minister for Housing, Local Government and Heritage, Darragh O’Brien TD, has announced that he has received government approval for a Local Authority Purchase and Renovation Loan. The loan, which is an expansion of the Local Authority Home Loan, will support both the purchase and renovation of homes which are eligible under the existing Vacant Property Refurbishment Grant. Eligibility for the new support is subject to the applicant meeting the existing local authority mortgage lending eligibility criteria and the project meeting scheme lending criteria.
PRACTICE NOTES
What is a designated activity company? A designated activity company (DAC) is provided for by Part 16 of the Companies Act 2014 (Ireland) (CA 2014 (IRL)), and is defined as: • a private company limited by shares with the capacity, including the power, to do only those acts or things set out in its constitution (memorandum of association) • or a private company limited by guarantee and having a share capital with the capacity, including the power, to do only those acts or things set out in its constitution The DAC is a new company type introduced by CA 2014 (IRL). Similar to a limited liability company, a DAC is a legal entity which is separate and distinct from its members. It is owned by its members who hold shares in the company. Only the company can be sued for its obligations and can sue to enforce its rights. It is managed by its directors in line with the provisions of CA 2014 (IRL) and the company’s governing constitutional documents. Limited liability CA
CHECKLISTS
This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. In doing so, it considers provisions under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. This Checklist provides an overview of jurisdiction in terms of considering whether the dispute should be dealt with in Ireland. For guidance on: • which specific court an action should be raised in, see Practice Note: Ireland—Starting a civil action • other issues to consider before bringing a civil claim in an Irish court and how to start and progress a civil claim in Ireland, see Practice Notes: Ireland—Starting a civil action and Ireland—Pre-action conduct, and in initiating and case managing a civil claim, Ireland—Progressing and managing a High Court civil claim respectively • other aspects of Irish civil litigation, see: Ireland—Alternative dispute resolution and settlement—overview which links through to detailed guidance on specific aspects of dispute resolution in Ireland This Checklist should be read in conjunction