In Defender Ltd v HSBC Institutional Trust Services (Ireland) Ltd [2018] IEHC 587, High Court, Twomey J, 15 October 2018 the Court had to consider whether a witness statement loses its privilege when it is served on the opposing party or when it is adopted by a witness in open court.
DisputesFollowing the EDPB’s Opinion last month, the Irish Data Protection Commission (DPC) has published a non-exhaustive list of processing operations requiring a Data Protection Impact Assessment (DPIA) to be carried out.
TechnologyThe publication on Wednesday 14 November of the 585-page draft UK Withdrawal Agreement means that there is now a potential deal on the table.
BrexitOn 7 November, the Criminal Justice (Money Laundering and Terrorist Offences) (Amendment) Bill 2018 was passed by both Houses of the Oireachtas. The Bill implements the Fourth Money Laundering Directive.
Financial RegulationSpeaking at the Dublin Chamber of Commerce on 9 November last, Governor of the Central Bank of Ireland (CBI), Philip R. Lane provided a brief outline of the CBI's new strategic plan. The Central Bank Strategic Plan 2019-2021 was launched on the same day and is available on the CBI's website.
FinanceOn 13 November 2018, reports emerged from Brussels and London that a 'deal' had been done between the EU and the UK on Brexit. The exact contents of the deal have not yet been published and A&L Goodbody will publish updates as the contents are revealed. Much turns on what is in the 500 or so page document and but there are some elements which are worth analysing.
BrexitLegal Representation in Disciplinary Hearings – the Exception rather than the Rule?
EmploymentDomestically, amendments to the Criminal Justice (Money Laundering & Terrorist Financing (Amendment) Bill 2018 proposed by the Seanad were considered and accepted by the Dáil. As the Bill has been formally passed by both houses it will be formally drafted by the Bills office before being presented to the President for signing. On the European front, it was a relatively busy month for cross......
Financial RegulationDomestically it has been a relatively quiet month. The CBI issued a warning on an unauthorised investment firm and also issued the 5th edition of the Investment Firms Q&As. On the European front, ESMA published its 2019 Work Programme and also updated its opinion on ancillary activity calculations. ESMA also updated its Q&As on MiFID II and MiFIR commodity derivative topics.
Financial RegulationOn the domestic front, the Department of Finance has published a feasibility study into a claim-by-claim register. From a European perspective, European Insurance and Occupational Pensions Authority (EIOPA) published a decision on co-operation in supervision of cross-border insurance distribution, the EIOPA has also requested feedback on illiquid liabilities.
Financial RegulationDomestically, the CBI has introduced a self-certification regime in respect of financial indices used by UCITS for investment or efficient portfolio management purposes. Martina Kelly, the CBI's Head of Markets Policy Division also delivered a speech on the implementation of CP86. On the European front, the Joint Committee of the ESAs published a letter to the European Commission about...
Financial RegulationThe Director of Consumer protection Grainne McEvoy gave an address about the Central Bank of Ireland's (CBI) work on behaviour and culture; The EBA has has provided feedback on the draft revised CRR2, the CRD5 and the BRRD2. The EBA has also announced the timing for the publication for the 2018 EU-wide stress test, and has published reports on the impact of the Basel reforms and the....
Financial Regulation
