The High Court recently considered two cases involving arguments as to whether loans should be deemed consumer loans and the application of the Code of Conduct on Mortgage Arrears.
FinanceTwo recent Labour Court decisions have reiterated the need for employers to apply their disciplinary procedures where an employee on probation is being dismissed. A common and mistaken belief among employers is that there is no requirement to apply fair procedures if an employer decides to dismiss an employee on probation.
Pensions & IncentivesIn Clubgear v Mitre Sports International Ltd and Prostar Sports Ltd [2015] IEHC 708 the High Court upheld the validity of a jurisdiction clause, in favour of the Courts of England and Wales. The jurisdiction clause was contained within the defendants' terms and conditions of trading, on the reverse side of a credit account opening form.
DisputesOn the Domestic Front: Items including the following - Central Bank publishes a Guide to Prospectus Approval in Ireland - ISE publishes updated rules for ESM listed companies, Central Bank updated Credit Union Handbook chapters and publishes Q&A document
Financial RegulationOn the Domestic Front: Central Bank Markets Update; updated AIF Rulebook, AIFMD Q&A, Feedback statement on CP86, Guidance for Fund Management Companies, Revised UCITS Guidance - Central Bank Report on Anti-Money Laundering, Countering the Financing of Terrorism and Financial Sanctions Compliance in the Irish Funds Sector
FinanceOn the Domestic Front: Central Bank consults on Investment Firm Regulations 2015 - Central Bank publishes findings of thematic review of CFDs On the International Front: Items including the following - EU Commission adopts equivalence decisions for CCPs - ESMA publishes a consultation paper on indirect clearing arrangements under EMIR and MiFIR
FinanceOn the Domestic Front: Minister for Finance publishes EU (Deposit Guarantee Schemes) Regulations 2015 - Central Bank proposes additional consumer protection measures for variable rate mortgage holders - Minister for Finance responds to SSM approval for AIB’s proposed capital reorganisation measures
FinanceOn the Domestic Front: Solvency II transposed into Irish law; CBI - proposed requirements on Domestic Actuarial Regime and Head of Actuarial Function; CBI - Corporate Governance Code for Insurance Undertakings; CBI Policy Notice on Ring Fenced Funds under Solvency II Gill Russell v HSE - Court of Appeal Judgment.
Financial RegulationCentral Bank News; Consultation on Amendments to the AIF Rulebook (CP99), Reporting Guidance for AIFMs, Markets update and AML/CTF briefing.
Asset Management & Investment FundsIn its recent decision in the case of Perfect Pies Limited (in receivership) and Pearse Farrell v Chupn Limited [2015] 11 JIC 0607, the Commercial Court has considered the difficult question of the unreasonable withholding of consent to the assignment of a commercial lease.
Commercial PropertyThis case concerns the construction of a contract of guarantee which was executed by the Plaintiff in favour of Danske Bank in respect of borrowings of the Plaintiff's husband and son.
FinanceOn the International Front, we look at the SFT Regulation, a Consultation on KIDs for PRIIPS, the Capital Markets Union and an IOSCO report on standards for custody of collective investment scheme assets.
Asset Management & Investment Funds
