Enforcing Tainted Contracts

2015年 5月 1日

Enforcing Tainted Contracts

This article was originally published in the May edition of the International Financial Law Review. 

Banks and other financial institutions operate in a highly regulated environment. Issues frequently arise where an institution has breached a regulatory requirement but seeks to enforce its contractual rights; for instance, where there is a regulatory breach in the formation of a loan contract and the institution seeks to recover the
loan or enforce security for the loan. The legal issues which arise are complicated.

In a recent decision (Quinn v IBRC [2015] IESC 29), the Irish Supreme Court indicated the general approach the courts should take.

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