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Legal Updates & Insights

  • article

    Updated and consolidated Central Bank UCITS Regulations 2019

    Updates to the Central Bank UCITS Regulations were published by the Central Bank of Ireland (CBI) on 6 June 2019. This follows CBI consultation CP119 which proposed amendments to the Central Bank UCITS Regulations.

    Asset Management & Investment Funds
  • article

    ESMA UCITS Q&A update March 2019 - UCITS KIID benchmark disclosure

    The ESMA UCITS Q&A updated on 29 March 2019 clarifies benchmark and past performance disclosure obligations in UCITS KIIDs....

    Asset Management & Investment Funds
  • article

    China Bond Connect: Irish UCITS and AIFs

    The Central Bank of Ireland (CBI) completed its review of China Bond Connect and from 21 March 2019 Irish UCITS and AIFs may use Bond Connect. Bond Connect is designed to provide international investors with access to the China bond market.

    Asset Management & Investment Funds
  • article

    Northern Ireland Court of Appeal dismisses Holiday Pay appeal

    In a further milestone for the holiday pay saga, the Northern Ireland Court of Appeal handed down its judgment of the appeal of the Industrial Tribunal decision in Alexander Agnew and Others v Chief Constable for the Police Service of Northern Ireland, effectively dismissing the appeal on all grounds and upholding the Tribunal's decision.

    Belfast
  • article

    Top Employer-related Brexit Queries

    Ireland has a unique position in the midst of the Brexit debate. Logistically for employers, Brexit has the potential to cause huge issues, particularly where employees' roles require frequent travel across the EU. We have set out the top five issues that Irish employers will face after Brexit

    Brexit
  • article

    Amendment to The Carriage of Dangerous Goods Regulations (Northern Ireland)

    The Carriage of Dangerous Goods (Amendment) Regulations (Northern Ireland) 2019 will come into operation on 18 June 2019. The new regulations, when in effect, will amend the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (Northern Ireland) 2010. In Northern Ireland, the regulations will transpose, in part, the radiological emergency preparedness and response re

    Environmental & Planning Belfast
  • publication

    Conducting Grievance Procedures

    Grievance procedures sometimes take a back seat for employers compared to disciplinary matters and urgent HR issues. However, failure to address grievances in a timely and thorough manner can expose employers to significant financial and reputational risk.

    Belfast
  • article

    Court of Appeal refuses security for costs - inability to pay caused by applicant

    In Tír Na N-Óg Projects (Ireland) Ltd v P.J. O'Driscoll & Sons [2019] IECA 154, Peart J, for the Court of Appeal, found that the applicant's failure to institute judicial proceedings to obtain a default planning permission within the prescribed time limit was the prima facie cause of the respondent's inability to satisfy a future costs order. The Court of Appeal upheld the decision of the High...

    Disputes
  • article

    Discovery refused on the basis of past breach of implied undertaking by solicitors

    In Waterford Credit Union Ltd v J & E Davy [2019] IECA 157 the Court of Appeal refused discovery of a category of documents, even though it deemed them both relevant and necessary, because the plaintiff's solicitors had breached their undertaking not to disclose information contained in documents discovered in unrelated proceedings. Peart J refused to order discovery to prevent the defendant su...

    Disputes
  • article

    Gaming and Betting in Ireland 2019

    Máire Conneely (Litigation & Dispute Resolution Senior Associate) recently attended the IAGA International Gaming Summit in California (4-6 June). Over the course of three days, the 2019 Summit included a wide range of sessions focused on key issues facing the global gambling industry. As part of this Máire featured an article in the June Issue of G3 (Global Games and Gaming Magazine) where sh...

    Betting, Gaming & Licensing
  • article

    Landmark EU case puts proper tracking of employees’ working hours top of the agenda

    This decision clarified that all employers must have a suitable system in place to ensure they are recording employees’ daily and weekly working hours. As Ireland’s working time legislation already requires employers to keep such records, this case may not have the same ramifications for employers here as it will have for employers in other European Union jurisdictions. That said, the practica...

    Employment
  • article

    Financial Services Regulation and Compliance Bulletin - Cross Sectoral May 2019

    Domestic News – There are many noteworthy items to report cross-sectorally on the domestic front this month, however the most notable being, the keynote speech on the topic of the Senior Executive Accountability Regime (SEAR) delivered by the Director General of the CBI Derville Rowland. European News - On the European front, ESMA has published data for the double volume cap and the system int...

    Financial Regulation