Banking and Security Law in Ireland

Description

The long-awaited new edition of Banking and Security Law in Ireland provides a comprehensive update on the law in practice and the pitfalls involved in taking security over land, machinery, agricultural assets, shares, debts, deposits and their registration. Updated case law and legislation (including the new Companies Act) governing the relationship of banker and customer, bank confidentiality, facility letters, the enforcement of guarantees, payment demands and the avoidance of guarantees and security are also covered in detail. The new edition also provides an extensive and in-depth guide on the current labyrinthine regulatory regime relating to consumer credit and consumer protection generally, including the Consumer Credit Act, the EU Consumer Credit Regulations, the EU Mortgage Credit Regulations and the Consumer Protection Code. Other conduct of business requirements relating to banking business are also covered in detail, including the Code of Conduct on Mortgage Arrears, the Lending to SME Regulations, the Code on Related Parties Lending and the Credit Reporting Act. The enforcement tools available to the Central Bank in the consumer protection area are also covered, as are the recourse mechanisms available to consumers, including the Financial Services Ombudsman, and the thorny issue of the implications in litigation against consumers of lenders' non-compliance with regulatory codes. This book's practical style is designed to assist bankers, practising lawyers and compliance professionals in the application of the ever-increasing and complex law of banking, security and consumer protection. Much of the content is unique and cannot be found in any other publication. William Johnston, MA (Dub) Solicitor, was a partner in Arthur Cox for 30 years and a former chair of the Banking Law Division of the International Bar Association. He is currently the external examiner in Banking Law for the Law Society and editor of Oxford University Press's Security over Receivables (2008) and Law and Practice of International Set-off (2006, 2010 and 2018). Nora Beausang, BCL (NUI) (First Class Honours, Contract Law Gold Medallist) Solicitor (IRL and NZ) practised banking and regulatory law in McCann FitzGerald and Mallesons (Sydney) for ten years. Her inhouse experience includes the role of Head of Legal and Compliance for over six years in the Corporate Banking division of a major international bank.

William Johnston, MA (Dub) Solicitor, has been a partner in Arthur Cox for 30 years, is a former chair of the Banking Law Division of the International Bar Association and is currently a member of the Company Law Review Group and external examiner in Banking Law for the Law Society. Nora Beausang, BCL (NUI) Solicitor (IRL and NZ) practised banking and regulatory law for several years (in McCann FitzGerald and Mallesons (Sydney)) and is a former Head of Legal and Compliance in the Corporate Banking division of a major international bank.

This book is very well written: Johnston's treatment of each issue is detailed, meticulous and insightful. It is an impressive body of work, well presented, and clearly articulated. It tackles complex areas comprehensively and in a very accessible style. For practitioners, the book also indicates acceptable market practice in particular areas, an invaluable resource from an author with such considerable experience. It is a very valuable contribution to this field and should greatly benefit researchers, practitioners and students of banking law. -- Joe McGrath, University College Dublin * Irish Jurist Vol LXV, 2021 * This book should be regarded as an invaluable addition to the knowledge in this area, and it will be of immense assistance to practitioners operating in this rapidly evolving area of law. The publication of the second edition is timely, given the fact that many lenders are currently reviewing security following the COVID crisis. In the coming months, it is expected that these security reviews will, unfortunately, result in enforcement of security. This book will be a great resource for legal practitioners and others working in the areas of banking and security. -- Sinead McNamara, Fitzgerald Legal * Law Society Gazette, April 2021 * Legal practitioners, bankers, students and indeed anyone with anything to do with banking would be well advised to buy this comprehensive work even if it involves straining the banker customer relationship ...I have no doubt that much of the professional advice that will be given in the future will be grounded, with justification, on information gleaned from this work. -- Hugh O'Neill SC * Commercial Law Practitioner, review of 1st edition of Banking and Security Law in Ireland * Mr Johnston ... has the skill of making the complicated if not exactly simple, at least readily comprehensible. As a practising solicitor, Mr Johnston deals comprehensively with topics which a practitioner is likely to encounter. In the maze of fine distinctions Mr Johnston points out the way to what are the appropriate principles and undoubtedly will help many practitioners to advise a bank of the prudent steps to take to ensure that all security is enforceable or as the case may be to advise subsequently a borrower or guarantor that all relevant precautions were not to be taken so as to render the security unenforceable. Any lawyer needs to understand and be at ease with the principles of law relating to banking and security in order to apply those principles to the changing circumstances. This book which is written in clear and concise prose makes the task considerably less onerous. -- John McBratney SC * Bar Review, review of 1st edition of Banking and Security Law in Ireland * This book should be regarded as an invaluable addition to the knowledge in this area, and it will be of immense assistance to practitioners operating in this rapidly evolving area of law. * The Law Society Gazette *