On 16 March 2016, the Advocate General (AG) delivered an Opinion, in McFadden v Sony Music Entertainment Germany GmbH Case-484/14, that a business offering free WiFi access to the public cannot be held liable for copyright infringement committed by a user of that WiFI.
TechnologyIn Purcell v Central Bank of Ireland, The AG and Ireland [2016] IECA 50 the Court of Appeal considered the extent to which 'without prejudice' privilege, which attaches to documents and communications between the Central Bank and the subject of an administrative sanctions procedure for the purpose of 'settling' that process, might be waived.
DisputesIn Farrell & Kelly v Petrosyan & Ors (linked to McLoughlin & anor v ACC Loan Management Ltd), High Court, O'Connor J, 2 March 2016 the High Court considered an application for possession on behalf of receivers appointed by ACC Loan Management Limited (ACC). One of the issues before the court was whether the receivers had authority to act in the proceedings in view of their deeds of appointment by
Restructuring & InsolvencyIn DPP v Roadteam Logistic Solutions (formerly known as Nolan Transport (Oaklands) Ltd [2016] IECA 38 the Court of Appeal upheld a €1 million fine imposed on a road haulage company after an accident that caused two fatalities.
DisputesIn ACC Loan Management v Patrick Cahalan, High Court, Noonan J, 3 March 2016 the High Court granted summary to ACC and rejected arguments based on claims of reckless lending and illegal funds.
DisputesEarlier today the Central Bank of Ireland (CBI) published a report on Anti-Money Laundering/Countering the Financing of Terrorism and Financial Sanctions (AML/CFT/FS) Compliance in the Irish Life Insurance Sector.
Asset Management & Investment FundsAs you may be aware, the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) have been in joint consultation in respect of the 'Strengthening Accountability in Banking' initiative.
BelfastDavid Baxter, Head of Restructuring & Insolvency, assesses alternative corporate restructuring processes available in Ireland, and highlights recent cases whereby these processes have been applied successfully to execute a deal.
Restructuring & InsolvencyIn today's world it’s sometimes difficult to spot what is harmless banter and what is actionable harassment. It pays to know the difference
EmploymentOn the Domestic Front: Items including the following - First Central Bank of Ireland Commission Meeting Minutes published - Financial Services Ombudsman and Office of the Pensions Ombudsman introduces changes to its complaint handling processes
FinanceOn the Domestic Front: Items including the following – Central Bank of Ireland publishes consultation on a capital requirement framework for market operators.
Financial RegulationOn the Domestic Front: Items including the following - Investor Money Regulations/ Umbrella Cash Account Update On the EU Front: Items including the following - ESMA Q&A gives detail on the timing of documentation updates for the remuneration and depositary requirements of UCITS V - UCITS V Delegated Regulation on the obligations of depositaries
Financial Regulation
