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Legal Updates & Insights

  • Article

    Crystallisation of Floating Charges – Supreme Court Decision

    In the Matter of J.D Brian Limited (In Liquidation) T/A East Coast Print and Publicity, In the Matter of J.D. Brian Motors Limited (In Liquidation) T/A Belgard Motors and In the Matter of East Coast Car Parts Limited (In Liquidation) and In the Matter of the Companies Acts 1963 to 2009 (the Companies)

    Restructuring & Insolvency
  • Article

    Supreme Court rules NAMA is a “public authority” with obligations to provide environmental information

    In Nama v Commissioner for Environmental Information [2015] IESC 51, the Supreme Court held that NAMA is a "public authority" and subject to public access requests for environmental information under the European Communities (Access to Information on the Environment) Regulations 2007 (the Regulations).

    Disputes
  • Article

    Northern Ireland is positioning itself as a leading technology hub

    Earlier this year, the UK government launched 'Tech Nation'; an interactive data project that shows the growth of digital businesses within specific areas/regions across the UK.

    Belfast
  • Article

    Power politics: the end of subsidies for onshore wind farms?

    Ahead of the recent election it was no secret that the Conservatives wanted to see a cut in taxpayer support for the development of wind farms. What did come as a surprise was the recent announcement by the Westminster Department of Energy and Climate Change (DECC) that the main form of subsidy for wind farms would suddenly be closed in March 2016.

    Belfast
  • Article

    NI Companies Required to Disclose Details of Persons with Significant Control

    Recent legislative changes mean that with effect from January 2016 every UK private and public company (subject to certain exemptions in the case of public limited companies) will be required to maintain a register of persons having significant control of the company (a PSC register). Whilst not currently the case, it is expected that the requirement to create and maintain a PSC register will be

    Belfast
  • Article

    Consultation on corporate tax transparency launched by the European Commission

    The European Commission (EC) has launched a public consultation on the issue of corporate tax transparency in the EU. The objective of the consultation is to establish whether requiring companies to disclose more information about the taxes they pay could highlight and help tackle tax avoidance and aggressive tax practices within the EU. One of the proposed initiatives is that companies could be r

    Tax
  • Article

    Suspension - New caselaw on the thorny question - to suspend or not?

    A recent High Court decision, where the reinstatement of an employee was ordered after five years out of the business, should ring alarm bells for employers who are considering imposing a "holding suspension" on employees. Tread carefully, check your facts and seek advice are the learning points from the latest judicial guidance on this tricky issue.

    Pensions & Incentives
  • Article

    High Court Awards Damages for Breach of Oral Contract

    In Hennigan v Roadstone Wood Ltd [2015] IEHC 326, the High Court awarded a Plaintiff damages for breach of contract and misrepresentation despite the fact that the contract was not recorded in writing. The case illustrates the importance of producing strong corroborative evidence in proving the existence of an oral agreement.

    Disputes
  • Article

    Important judgement on the relationship between EU and International Law: MSC Orchestra and sulphur emissions

    An issue of key concern to the shipping community is whether EU law prevails over international treaty law (in particular, treaties in the maritime sector).

    EU, Competition & Procurement
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    On the Domestic Front: The Companies Act 2014 comes into effect. Irish Stock Exchange (ISE) launched its new online application process for International Security Identification Numbers (ISINs). Minister for State, Simon Harris, promotes Ireland's FinTech sector.

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Director of Market Supervision, Gareth Murphy, addresses the Irish Funds Annual Conference. The Central Bank publish a document for Fund Management Company Boards and a revised AIF Rulebook. And the Central Bank's Q&As for AIFMD and UCITS are updated

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Central Bank issues letter to industry following themed inspection of Client Categorisation for Investment Firms. On the International Front: European Supervisory Authorities (ESAs) consult on margin requirements for non-centrally cleared derivatives. European Securities and Markets Authority (ESMA) issues its Q1 risk dashboard for securities markets.

    Finance