Ireland: : Proprietary claim case law

• Localización: International financial law review, ISSN-e 0262-6969, Vol. 33, Nº. 4, 2014, págs. 47-48
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • In a recent decision, the Irish High Court held that if an investor has paid money to a firm based on a fraudulent misrepresentation, the payer has a proprietary claim to the payment (In re Custom House Capital; Scott v Wallace 2013 IEHC 559). This is obviously crucial where a firm is in insolvent liquidation. The Irish High Court (Justice Finlay Geoghegan) held that monies held on account by Custom House Capital Limited (CHC) before its winding up were held on trust for one of its clients.