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Article 50(l)(a) - Names and contact details of the courts designated as competent to issue the European Account Preservation Order (Article 6(4));
Authentic instruments are not known in Irish law therefore this provision does not apply in Ireland.
In Ireland
Minister for Justice and Equality,
Bishop’s Square,
Redmond’s Hill,
Dublin 2,
Ireland
In Ireland Article 14(5)(a) applies, i.e., an obligation on all banks in Ireland to disclose, upon request by the information authority, whether the debtor holds an account with them
In Ireland
In Ireland
Minister for Justice and Equality,
Bishop’s Square,
Redmond’s Hill,
Dublin 2,
Ireland
In Ireland
Minister for Justice and Equality,
Bishop’s Square,
Redmond’s Hill,
Dublin 2,
Ireland
The extent to which joint and nominee accounts can be preserved under Irish law depends on the circumstances of the case in question. As regards joint accounts, the general rule is that a Mareva type injunction granted against a defendant alone ought not to prevent a joint account holder from drawing on the bank account, unless such is specifically provided for in the order.
As regards nominee accounts, where a third party holds assets on behalf of a defendant in a nominee account, those assets are liable to be affected by a Mareva injunction directed at the defendant because the defendant is the equitable or beneficial owner of those assets.
A joint or nominee account holder whose account is subject to such an injunction can bring an application before the relevant court with a view to amending the terms of the injunction.
In the case of equivalent national proceedings the Court determines the amount available to the debtor on a case by case basis having regard to the circumstances of the party concerned. The relevant application is made by the debtor and there are no rules on the amount which may be made available.
Banks do not charge for the implementation of court orders in the case of equivalent national proceedings. In the event that account information were to be sought, there is no rule in place which would prevent banks from charging a fee for the provision of such information. As a general principle the creditor would be liable to pay the costs incurred by the bank, although such costs might eventually be awarded against the debtor.
It is not envisaged that an administration fee will be charged by the information and competent authorities. However, personal service of documents will incur a charge of approximately €100 to €200, depending on the degree of difficulty which arises in effecting service.
Note: personal service of documents will be undertaken by a private sector company in this instance and a scale of fees is not available.
A ranking is not conferred on similar procedures such as Mareva injunctions under Irish law as the creditor does not obtain a proprietary interest in the asset in question.
In Ireland,
Insofar as Article 33(1) is concerned, the court competent to grant a remedy is the court which issued the Preservation Order which, depending on the circumstances, could be a District Court, a Circuit Court or the High Court*.
Insofar as Article 34(1) and 34(2) are concerned, the court competent to grant a remedy is,
*The High Court,
Four Courts,
Dublin 7.
HighCourtCentralOffice@courts.ie
In Ireland an appeal against a decision issued pursuant to Articles 33, 34 or 35 can be made as follows –
Depending on the circumstances of the case, the court fees in proceedings to obtain a Preservation Order or a remedy against an Order could range from €80 to €200 approx. Relevant information can be found at:
http://www.irishstatutebook.ie/eli/2014/si/491/ (SI 491/2014)
http://www.irishstatutebook.ie/eli/2014/si/492/(SI 492/2014)
http://www.irishstatutebook.ie/eli/2014/si/22/ (SI 22/2014)
None (Ireland accepts Irish and English only)
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