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No order as to costs where appeal of insolvency arrangement gave rise to evidential deficiencies

By: Evan Kearney BL

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High Court makes no order as to costs in relation to an unsuccessful appeal of an insolvency arrangement from the Circuit Court, on the grounds that there were substantial evidential deficiencies which the appeal unearthed.

Costs of appeal from Circuit Court – appeal from objecting creditor to insolvency arrangement had been dismissed – practitioner had requested their costs – creditor requesting no order – creditor raised legitimate concerns regarding quality of evidence – helped expose a serious deficiency in the evidence in this and other cases – practitioner’s legal team at fault and failed to draw court’s attention to it - no order made as to costs.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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