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Legal Updates & Insights

  • Article

    Safety doesn’t happen by accident - New Construction (Design and Management) Regulations

    The Department of Enterprise, Trade and Investment has published the Construction (Design and Management) Regulations (Northern Ireland) 2016 ("CDM 2016").

    Belfast
  • Article

    Director who was ‘deceived’ not restricted by the Court

    In Murphy -v- O'Flynn & anor [2016] IEHC 197 a liquidator sought an order from the Court restricting William and Deirdre O’Flynn from acting as directors pursuant to Section 150 of the Companies Act 1990.

    Disputes
  • Article

    The Kerry Group/Breeo Merger Case Settles

    On 21 April 2016, the Competition and Consumer Protection Commission ("CCPC") announced that it was settling, and therefore not proceeding with, its appeal to the Irish Supreme Court of the CCPC's appeal against the High Court's annulment of the CCPC's prohibition decision regard the purchase by Kerry Group of Breeo Foods.

    EU, Competition & Procurement
  • Article

    A&L Goodbody guide to Securities Litigation in Ireland 2016

    Liam Kennedy, Partner, Caoimhe Clarkin, Partner, Stephen King and Don Collins, Solicitors, in A&L Goodbody's Litigation & Dispute Resolution Department provide an insight into Securities Litigation in Ireland in 2016. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Securities Litigation 2016 (published in March 2016).

    Disputes
  • Article

    An overview of Commercial Litigation in Ireland

    Liam Kennedy, Caoimhe Clarkin and Paula Mullooly of A&L Goodbody give their legal insight into the commercial litigation landscape in Ireland. This chapter was first published by the Encyclopedia of International Commercial Litigation in September 2015.

    Disputes
  • Article

    Banking Consultation on Prudential Treatment of Problem Assets

    The Basel Committee on Banking Supervision has issued a consultation paper on the prudential treatment of problem assets including the definitions of non-performing exposures and forbearance.

    Finance
  • Article

    Regulatory Enforcement: The Value of Preparedness

    Laura Mulleady, Insurance Partner, looks at the potential for regulatory enforcement in relation to Solvency II and the value to companies in being prepared. This article was first printed for conference delegates at the European Insurance Forum 2016 in Dublin

    Insurance & Reinsurance
  • Article

    Review of e-Privacy Directive

    The European Commission has launched a public consultation on the current text of the ePrivacy Directive 2002/58/EC as well as the possible changes to the existing legal framework to make sure it is up to date with the new challenges of the digital age.

    Technology
  • Article

    Loan Origination by Investment Funds - ESMA enters the Fray

    Regulated funds in some countries in Europe, including Ireland, have been permitted to originate loans subject to a variety of conditions. Unfortunately for the asset management community, these conditions vary from country to country and in some cases are contradictory.

    Asset Management & Investment Funds
  • 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