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Legal Updates & Insights

  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: Items including the following - Central Bank of Ireland issues statement following Banking Inquiry - Central Bank of Ireland publishes Feedback Statement following consultation on a Central Credit Register

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: Items include - Central Bank publishes programme of themed inspections in insurance sector - CBI publishes latest Solvency II Matters Newsletter On the European Front: Items include - Solvency II Implementing Regulation on calculation of technical provisions and basic own funds published - EIOPA publishes 2016 work program

    Finance
  • article

    Finding Another Way: Defamation Injunctions are Hard To Come By

    A recent High Court judgement shows that the Courts will be reluctant to grant an injunction to prevent media from publishing defamatory material. An injunction will only be granted in clear cases where the defendant has a weak defence (or none at all).

    Disputes
  • Article

    The Case for Mediation

    The Commercial Court rules have, since its establishment, permitted the judge to adjourn proceedings so that the parties may consider whether the proceedings ought to be referred to a process of mediation, conciliation or arbitration.

    Disputes
  • Article

    Technology Assisted Review in e-Discovery Endorsed by the Irish Court of Appeal

    Following on from the recent decision of the English High Court's approving of the use of Predictive Coding in discovery the Irish Court of Appeal has now approved the use of Technology Assisted Review (TAR) in a discovery process.

    Disputes
  • Article

    The European Commission Releases EU-US Privacy Shield

    The European Commission has released the legal texts that will constitute the EU-US Privacy Shield which will replace the Safe Harbour framework, which was declared invalid by the Court of Justice (CJEU) last October.

    Privacy & Data Security
  • Article

    Cartels and Leniency Law in Ireland

    Dr Vincent Power, reviews policies and guidance in relation to cartels and leniency law in Ireland.

    EU, Competition & Procurement
  • Article

    Recent EAT Case on Unfair Dismissals and Criminal Convictions

    A recent Employment Appeals Tribunal (EAT) case has thrown into the spotlight the options open to an employer when an employee receives a criminal conviction for misconduct outside the work place⃰. In this case, the EAT found the dismissal to be fair. However the factors taken into account by the EAT highlight that a "one size fits all approach" cannot be applied to such cases.

    Employment
  • Article

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

    On the International Front we look at the ESMA UCITS Q&A, the UCITS V Delegated Regulation on the obligations of depositaries, AML/ CTF and the Fourth Anti-Money Laundering Directive, an ESMA follow up peer review on compliance...

    Asset Management & Investment Funds
  • Article

    The Front Page, Asset Management & Investment Funds: Irish Practice Developments

    On the Domestic Front, we look at Deadlines, UCITS V, Investor Money Regulations and Umbrella Cash Accounts, an address by Gareth Murphy, a Central Bank Regulatory Service Standards Performance Report and a Central Bank Markets Update.

    Asset Management & Investment Funds
  • Article

    High Court adopts broad interpretation of the definition of “environmental information” under the AIE Regulations

    The High Court has delivered judgment in the case of Minch v The Commissioner of Environmental Information (16 February 2016) concerning the scope of access to environmental information.

    Environmental & Planning
  • Article

    Enhanced powers of Minister of the Environment to prescribe planning policy

    The Department of the Environment's recent Design Standards for New Apartments prescribe mandatory minimum standards for all apartments in the State.

    Environmental & Planning