Receivership Solicitors Ireland

Legal advice should be obtained at an early stage where a receiver has been appointed, possession of secured assets is required, the validity or scope of an appointment is challenged, or disputes arise concerning the receiver’s powers, conduct or ability to realise assets.

Receivership matters can involve complex questions of security, possession, company law, property rights, competing claims and urgent litigation. Early strategic advice can help identify the most effective route to protect and realise secured assets.

Our solicitors have extensive experience advising receivers, financial institutions, private equity funds and other stakeholders on contentious and non-contentious issues arising from receivership appointments.

We assist with possession and asset recovery, challenges to appointments, disputes concerning receiver powers, property-related litigation, urgent injunction applications and the legal issues arising during the management and disposal of secured assets.

Our approach is focused on protecting the receiver’s legal position, preserving asset value and progressing matters efficiently where litigation or enforcement becomes necessary.

Our solicitors' experience includes:

Acting for receivers in possession and property-related proceedings.
Advising on the scope and exercise of receiver powers.
Acting in litigation challenging receiver appointments or conduct.
Advising on recovery and control of secured property.
Acting in urgent injunction proceedings involving receivers and secured assets.
Advising on disputes arising from the sale or management of property by receivers.
Acting in landlord and tenant disputes arising during receivership.
Advising lenders and secured creditors on litigation connected with receiver appointments.

What does a receiver do?

A receiver is typically appointed under security documentation to take control of specified secured assets and exercise the powers conferred by the relevant documents and applicable law.

Can the appointment of a receiver be challenged?

Yes. Challenges may arise concerning the validity of the security, compliance with appointment provisions, the occurrence of an event of default or other legal issues. The merits of any challenge depend on the particular documentation and facts.

Can a receiver take possession of property?

Depending on the terms of the security and the circumstances, a receiver may have powers relating to possession and control of secured property. Disputes can arise where possession is resisted or third-party rights are asserted.

Can a receiver sell property?

A receiver may have powers of sale under the relevant security documentation and applicable law. The scope of those powers and the steps required should be considered in the context of the specific appointment.

Are injunctions common in receivership disputes?

They can be. Injunction applications may arise where possession is obstructed, the appointment is challenged, secured assets are at risk or urgent court protection is required.

Can landlord and tenant issues arise during receivership?

Yes. Receivership frequently intersects with leases, occupation, rent, possession and property management issues, particularly where secured assets are tenanted commercial properties.

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