In Jean-Claude Van Hove v CNP Assurances SA (Case C-96/14) the Court of Justice of the European Union (CJEU) considered Article 4(2) of the Unfair Terms in Consumer Contracts Directive 93/13/EEC (the Directive), in the context of proceedings involving an allegedly unfair contractual term in an insurance contract.
Commercial ContractsMost of the provisions of the Companies Act 2014 (the Act) are expected to be commenced on 1 June 2015.
Insurance & ReinsuranceIn AIB v Higgins & ors [2015] IECA 23, the Court of Appeal considered the necessary elements of the defence of 'non est factum'. Generally speaking if a person signs a document they are affirming the contents and will be bound by their signature. The defence of 'non est factum' (meaning literally “it is not my deed”) alleges that the signed agreement is void due to an absence of consent by the sig
DisputesOn the International Front, we look at the AIFMD Delegated Regulation, ELTIFs, the SFT Regulation, the Benchmark Regulation, the Fourth Anti-Money Laundering Directive and the Wire Transfer Regulation.
Asset Management & Investment FundsOn the Domestic Front, we look at a Capital Markets Union Consultation, ISE changes and Connected Party Transactions.
Asset Management & Investment FundsThe eagerly awaited judgment in the Woolworths and Ethel Austin cases has been handed down today by the Court of Justice of the European Union (ECJ).
EmploymentA recent determination from the Equality Tribunal highlights again the importance of a properly drafted compromise agreement where employers and employees are terminating the employment relationship and any claims arising from it.
Pensions & IncentivesIn Geoghegan v Financial Services Ombudsman & ors [2015] IEHC 217, Kearns P in the High Court rejected an appeal of a decision of the Financial Services Ombudsman.
DisputesThe Irish President signed Ireland’s Betting (Amendment) Act 2015 into law on 15 March. This Act introduces a licensing regime for remote bookmakers and betting intermediaries in Ireland, bringing both online and brick-and-mortar bookmakers onto a more level playing field. Joe Kelly, Maire Conneely and Rowena Caulfield of A&L Goodbody discuss in detail the principle features of the new Act. This a
Betting, Gaming & LicensingThe High Court in a recent decision has made it clear that only in exceptional circumstances will it exercise its discretion to allow a shareholder to represent a company in legal proceedings.
DisputesA retailer has been ordered to pay €14,000 to a claimant after the Equality Tribunal held that it had failed to provide reasonable accommodation to the claimant salesman who went on sick leave due to deteriorating eyesight (Alistair Clews v DSG Retail (DEC-E2014-081).
Pensions & IncentivesThe Commercial Court has delivered a ruling which will have significant implications for music companies and ISPs, in regard to illegal downloading.
Technology
