In O'Shea v The Financial Services Ombudsman [2016] IEHC 6, Mr O'Shea complained of the failure of the Financial Services Ombudsman (the "FSO") to hold an oral hearing into his complaint that his home insurance company had unfairly rejected two claims.
DisputesOn the International Front, we look at the ESMA discussion paper on UCITS share classes, ESMA Q&A on ETFs and other UCITS issues, ESMA Q&A on the Application of the AIFMD, AIFMD reporting by NCAs to ESMA, MMF Regulation, Benchmark Regulation, Fourth Anti Money Laundering Directive and Wire Transfer Regulation, Risk Mitigation standards for non-centrally cleared OTC derivatives, ESMA advice and opi
Asset Management & Investment FundsDeclan McDonald v Thomas Michael Hill [2014] IEHC 629 In a recent judgment of Mr. Justice Binchy, an issue arose surrounding the standards of proof that a bank must demonstrate to prove that a letter of demand was sent to a mortgagee prior to the appointment of a receiver.
Financial RegulationThe High Court in Harrold V Nua Mortgages Limited [2015] IEHC 15 has again made clear that there is no tort of reckless lending in this jurisdiction and that it is not prepared to entertain 'fanciful' arguments by borrowers seeking to repudiate their loans.
DisputesThe Work and Families (Northern Ireland) Act 2015 ("WFA") will come into full legal effect in Northern Ireland in early April 2015, having received Royal Assent earlier this month.
BelfastThe Supreme Court has dismissed an appeal by Irish Asphalt in Noreside Construction Ltd v Irish Asphalt [2014] IESC 68.
Commercial ContractsFollowing agreement last month by local politicians, the Corporation Tax (Northern Ireland) Bill was introduced on 8 January 2015 which provides for the devolution of Corporation Tax rate setting powers to the Northern Ireland Assembly.
Investing in IrelandIn James Elliot Construction v Irish Asphalt Ltd [2014] IESC 74, which involved the supply of defective infill material, the Supreme Court held that an appeal by Irish Asphalt should be dismissed, but such an order was subject to any issue of European law which the Court was referring to the Court of Justice of the European Union.
DisputesThe Department of Finance has published the "Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015".
FinanceIreland leads the way as an aircraft leasing jurisdiction and new developments for 2015 will further strengthen Ireland’s position. Ireland is already one of the most popular jurisdictions for aircraft leasing due largely to the fact that Ireland’s fiscal regime offers substantial advantages to the aircraft leasing industry.
Aviation & Transport FinanceAnti-bribery/corruption laws are well established in the UK and US. Recent developments in those jurisdictions have offered timely reminders of the importance of businesses there having a robust anti-bribery framework.
DisputesThis case related to a claim by ACC Bank plc (the Bank) for a summary judgment against the first named defendant on foot of a personal guarantee of €250,000 in respect of a loan facility to a company, China Girls Limited (the Borrower) of €3.9m.
Financial Regulation
