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Legal Updates & Insights

  • Article

    Construction Contracts Act to apply to contracts entered into from 25 July 2016

    It was confirmed yesterday that the Construction Contracts Act 2013 will apply to construction contracts entered into after 25 July 2016.

    Projects & Infrastructure
  • Article

    Competition law offence - disqualification from acting as a director of an Irish company

    Any person Convicted of a Competition Law Offence in Ireland may be Disqualified from Acting as a Director of an Irish Company in Certain Circumstances

    EU, Competition & Procurement
  • Article

    Challenge to the Appointment of a Receiver on the basis of Non Est Factum

    Freeman V Bank of Scotland plc, Simon Davidson and Lloyd Daly & Associates Ltd [2016] IESC 14 This Supreme Court decision is as a result of an appeal from a judgment of McGovern J in the High Court which was delivered on 29th May 2014.

    Restructuring & Insolvency
  • Article

    Brexit or Britremain: What can the UK learn from the Irish experience of EU referendums?

    Dr Vincent Power, EU & Competition Partner, discusses the lessons from Ireland's EU referendums for the UK's Brexit referendum on 23 June 2016.

    Brexit
  • Article

    Court of Appeal Halves Personal Injury Award Which Was Not ‘Just and Fair’ or ‘Proportionate’

    Shannon v O'Sullivan [2016] IECA 93 concerned personal injury awards to Mr and Mrs Shannon arising out of a road traffic accident. The defendant, in the High Court had contested the extent of the injuries suffered by the plaintiffs noting that they had not proceeded to hospital directly after the collision but had only gone there some hours later and had only sought medical attention several weeks

    Disputes
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: EU (Consumer Mortgage Credit Agreements) Regulations 2016; Central Bank introduces new authorisation process model for various industry sectors; On the EU Front: ECB announces a new series of targeted longer-term refinancing operations (TLTRO II); EBA publishes the report on SMEs and the SME Supporting Factor

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Central Bank of Ireland issues a press release with regard to its themed inspection in relation to conflicts of interest in Investment Firms New Member Firm Rules and Market Parameters published by the Irish Stock Exchange; On the EU Front: ESMA publishes its Trends, Risks and Vulnerabilities Report No. 1 2016 on European Union (EU) securities markets

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    On the Domestic Front: CBI Director of Markets Supervision highlights key issues of culture, technology and cyber risk Central Bank’s inspection targets 325 non-compliant retail intermediary firms; On the EU Front: The ECB adopts Annual Report on supervisory activities

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: UCITS V transposed into national law; On the European Front: Corrigendum to UCITS V Directive is published UCITS V Delegated Regulation is published

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: Judgment in the Law Society of Ireland v MIBI appeal; On the EU Front: European Commission requests technical advice on IDD

    Finance
  • Article

    UCITS V Update

    ESMA Guidelines on sound remuneration policies under the UCITS Directive and AIFMD Delegated Regulation supplementing UCITS V on obligations of depositaries UCITS Infringement reporting form template

    Asset Management & Investment Funds
  • Article

    The Front Page, Asset Management & Investment Funds: EU & International Developments

    On the International Front we look at a Corrigendum to UCITS V Directive, CMU, the ESMA market risk indicator, SFTR, Risk Mitigation for OTCs and a European Commission overview of level 2 legislative measures for financial services

    Asset Management & Investment Funds