The matters which fall within the remit of the Examiner include court liquidations commenced before the enactment of the Companies Act 2014, mortgage suits (on foot of a well charging order), bankruptcy court matters, administration suits, next of kin inquiries and any other matters remitted to the Examiner by the court.

Company Law matters / liquidations

Company Law matters / liquidations

The role of the Examiner mainly arises in respect of companies wound up by the court before the 1st June 2015.

Following the coming into force of the Companies Act 2014 on 1st June 2015, where a company is wound up by the court, the liquidation no longer comes under the supervision of the Examiner nor is the matter transferred to the Examiner’s court motion List.

Company Law matters / liquidations

Administration Suits

Administration Suits

The estate (property) of deceased persons may become the subject matter of High Court proceedings where questions arise as to any or all of the following:

(a) how the estate has been administered to date
(b) what the estate consists of
(c) who is entitled to benefit from the estate
(d) who is a creditor of the estate

Administration Suits

Mortgage Suits

Mortgage Suits

A mortgage suit is a type of proceeding, taken by the holder of a security on property (usually a judgment mortgage or equitable mortgage) to recover a debt by forcing a sale of that property.

A mortgage suit can result in a court making a Well Charging Order.

Mortgage Suits

Bankruptcy

Bankruptcy

If you are unable to pay your debts, you can petition the court to adjudicate you a Bankrupt if your debt exceeds €20,000.

In certain circumstances, a creditor can petition for bankruptcy against you.

Bankruptcy

Filing in the Examiner's Office (S.I. No 2 of 2011)

Filing in the Examiner's Office (S.I. No 2 of 2011)

All affidavits, notices of motion, notices to proceed, Examiner’s certificates and Examiner's orders should be filed in the Examiner’s Office only. There is no requirement to file these documents or copies of these documents in the Central Office of the High Court.

There is no need to attend in the Central Office of the High Court in respect of matters which lie within the remit of the Examiner’s Office. Such matters include court liquidations, mortgage suits (well charging proceedings), administration suits and any other matter remitted to the Examiner’s Office by the court.