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Personal Insolvency Practitioners

Dáil Éireann Debate, Tuesday - 27 March 2018

Tuesday, 27 March 2018

Questions (293)

Pearse Doherty

Question:

293. Deputy Pearse Doherty asked the Minister for Justice and Equality his plans for legislative change in view of the ruling regarding the standing of personal insolvency practitioners, PIPs, in reviews as per section 115A of the Personal Insolvency Act 2012 in order to remove ambiguity; and if he will make a statement on the matter. [13616/18]

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Written answers

My officials are studying the recent High Court judgment to which the Deputy refers, which appears to have further clarified earlier High Court judgments in relation to the standing of personal insolvency practitioners ('PIPs').

In particular, the judgment stated that it is not appropriate for a creditor to seek an order for their legal costs against a PIP in a routine or ordinary personal insolvency case, even if decided in favour of the creditor, and that the courts would not condone creditor correspondence indicating that such application would be made.

Some procedural aspects of the cases concerned are still being worked out before the court, so the Court's order has not yet been finalised and the period for appeal is not yet closed. Accordingly, it is not appropriate to make a statement at this point.

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