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Legal Updates & Insights

  • Article

    Corporate Governance Update June 2015

    This article contains a round up of all recent corporate governance developments.

    Investing in Ireland
  • Article

    Assembly of a product amounts to manufacturing for the purposes of the Liability for Defective Products Act 1991

    In McGarry v McGarry & ors [2015] IEHC 426 the High Court made a finding of liability for personal injuries against the third defendant who was the supplier of a glass top table which had shattered and caused personal injuries to the three year old plaintiff resulting in partial amputation of her big toe.

    Disputes
  • Article

    Registration of Ships: How is the Transfer of Ships Between EU Registers Working?

    While the European Commission contemplated the creation of an EU register (the so-called “EUROS” proposal), the regime remains (and is likely to remain) one characterised by Member States having their own national registers (whether one national registry or a national registry with a parallel one) rather than there being an EU register.

    EU, Competition & Procurement
  • Article

    EU Competition Consortia Block Exemption Extended for Five Years

    Consortia agreements typically allow liner shipping carriers to rationalise their activities and achieve economies of scale. If consortia face sufficient competition and are not used to fix prices or share the market then users of services provided by consortia are usually able to benefit from improvements in productivity and service quality

    EU, Competition & Procurement
  • Article

    Voluntary Overtime – NI Court of Appeal suggests it may need to be included in calculating holiday pay after all

    Given the pace that decisions on holiday pay are moving, it almost seems like old news that non-guaranteed overtime payments should be included in the calculation of holiday pay.

    Belfast
  • Article

    Comparator Products must be identifiable and similar to come within Comparative Advertising Rules

    Aldi Stores (Ireland) Limited and Aldi Gmbh and Co Kg –v- Dunnes Stores, Cregan J, 9 June 2015 In this case Aldi claimed Dunnes had engaged in unlawful comparative advertising. Aldi also claimed that in using its trademarks in an unlawful manner, Dunnes had infringed its trademarks.

    Disputes
  • Article

    English High Court orders Disclosure of Privileged Communications provide to Regulator

    In Property Alliance Group Ltd v The Royal Bank of Scotland Plc [2015] EWHC 1557 the English High Court held that Royal Bank of Scotland ("the Bank"), by positively relying on regulatory decisions in their Defence, had waived legal professional privilege and without prejudice privilege in documents provided to those regulators.

    Disputes
  • Article

    New Direction Practice for Experts - What does it mean?

    A new practice direction which came into play on 01 June 2015 is set to bring about more focus on the use of expert witnesses and the asssociated costs in commercial litigation cases. John Dugdale, Associate at A&L Goodbody, explains how this will impact on how an expert is instructed going forward.

    Belfast
  • Article

    ‘A first for everything’ - Home Office immigration cap reached for Non-EU skilled workers

    The government's monthly immigration cap for non-EU skilled workers has been reached for the first time in the history of the United Kingdom's Points Based System, blocking, or at best, hindering the arrival of some professionals including nurses, doctors and teachers to the UK.

    Belfast
  • Article

    Consultation on the impact of procurement law challenges

    Consultation on the impact of procurement law challenges The European Commission is consulting on the effectiveness of the remedies available to tenderers in the context of breaches of public procurement law.

    EU, Competition & Procurement
  • Article

    Are you cyber secure?

    This article discusses some practical strategies for avoiding cyber security breaches and mitigating damage if they do occur.

    Investing in Ireland
  • Article

    Data Protection Commissioner clamps down on ‘vetting by the back-door’

    The Data Protection Commissioner has written to a random selection of 40 organisations to raise awareness of, and ensure compliance with, legislation introduced last year prohibiting 'enforced access requests' by employers.

    GDPR