- State aid should be an important element in the Brexit negotiations (23 February 2017)
Addressing the annual Competition Law and Transport Conference in Amsterdam recently, EU Law expert and Partner in A&L Goodbody, Dr Vincent Power, called for State Aid to be a key consideration in the forthcoming Brexit negotiations.
- High Court Refuses to Review Rejections of Personal Insolvency Arrangements (21 February 2017)
In two recent decisions the High Court considered the provisions of Section 115A(9) of the Personal Insolvency Acts 2012 to 2015 (The Acts). The Section provides that a Court can give effect to a Personal Insolvency Arrangement (PIA) despite it having been rejected by creditors. It was designed to enable a qualifying debtor to retain their principal private residence in certain circumstances.
- Statement of Opposition in Judicial Review Must State Precisely Each Ground of Opposition (21 February 2017)
Background Judicial review proceedings are governed by Order 84 of the Rules of the Superior Courts. Order 84, Rule 22 (5) states: "(5) It shall not be sufficient for a respondent in his statement of opposition to deny generally the grounds alleged by the statement grounding the application, but the respondent should state precisely each ground of opposition, giving particulars where appropriate, identify in respect of each such ground the facts or matters relied upon as supporting that ground, and deal specifically with each fact or matter relied upon in the statement grounding the application of which he does not admit the truth (except damages, where claimed)."
- Legal issues affecting the waste sector - November 2016 (10 February 2017)
Speaking at the recent Waste Management Ireland Conference, Alison Fanagan, joint head of the environment and planning group at A&L Goodbody, addressed four issues as follows:
- Economic Migration - Sponsor's Obligations Case Update (09 February 2017)
R (Raj and Knoll Ltd) v SSHD  EWCA Civ 770 The Court of Appeal recently dismissed a judicial review application against the Secretary of State for the Home Department's (SSHD) decision to revoke and subsequently maintain the revocation of the appellant's Tier 2 Sponsor License. The Secretary of State's decision to terminate the license was predicated on the appellant's numerous failings in its obligation to comply with UK Visa and Immigration (UKVI) guidance procedures.
- Mediation Bill announced for 2017 (09 February 2017)
The Minister for Justice and Equality, Frances Fitzgerald, has announced that she will publish the long awaited Mediation Bill this year. The option to mediate claims (as opposed to going to trial) already exists in the Irish High and Commercial Courts. However, the proposed legislation will put the obligation to consider mediation on a statutory footing. It will introduce a requirement that litigants expressly confirm to the Courts that mediation has been considered. Provision for costs sanctions for unreasonably failing to engage in mediation is intended to ensure that more claims are resolved by mediation; alleviating some of the strain on the Courts' system.
- Key areas of Employment Law that will impact business in 2017 (09 February 2017)
In this short video, Duncan Inverarity, Head of Employment, reflects on what A&L Goodbody's Employment team consider to be the key areas of Employment law that will impact business throughout 2017. Duncan also provides a brief overview of the most influential activity in the employment space in Ireland in 2016.
- Competition, Merger Control, Public Procurement and State Aid Developments in 2016 (07 February 2017)
A&L Goodbody's EU & Competition team provides you with a comprehensive report on Competition, Merger Control, Public Procurement and State Aid Developments in 2016.
- Brexit Developments in 2016 (07 February 2017)
A&L Goodbody's EU & Competition team has produced this report which encompasses Brexit Developments since June 2016.
- Tracker, Financial Services Regulation & Compliance - Banking (07 February 2017)
On the Domestic Front: Banking and Payments Federation Ireland publish monthly newsletter; Central Bank publishes updated explanatory note on the AnaCredit Regulation regarding high-level requirements and scope. On the EU Front: European Banking Federation publishes revised European Interbank Compensation Guidelines 2017; European Banking Authority updates Single Rulebook Q&A; European Payments Council publishes Guide for Adherence to the SEPA Credit Transfer scheme, the SEPA Instant Credit Transfer scheme and the SEPA Direct Debit schemes.
- Tracker, Financial Services Regulation & Compliance - Funds (07 February 2017)
On the Domestic Front: Central Bank publishes AIF Rulebook and AIFMD Q&A; Central Bank published Feedback Statement to the Consultation on amendments to the Central Bank UCITS Regulations. On the EU Front: ESMA issues opinion on UCITS Share Classes; FSB publishes a report which makes recommendations to address structural vulnerabilities from asset management activities.
- Tracker, Financial Services Regulation & Compliance - Insurance (07 February 2017)
On the Domestic Front: Supreme Court find that investment via an insurance bond is not an insurance contract; The Civil Liability (Amendment) Bill 2017 paves way for periodic payment orders. On the EU Front: EU and US bilateral (re)insurance agreement concluded; Insurance Europe expresses concern regarding proposed European Services e-card.
- Tracker, Financial Services Regulation & Compliance - Cross Sectoral (07 February 2017)
On the Domestic Front: Central Bank publishes updated Fitness and Probity FAQs; Central Bank publishes Monetary Policy Instruments and Procedures Supplements; Central Bank publishes Guidance on the Annual Pre-Approval Controlled Function Confirmation Return. On the European Front: ECB launches Consultation on TARGET Instant Payments Settlement User Requirements; EBA updates recommendations on the equivalence of confidentiality regimes; ESMA publishes Market Abuse Regulation Guidelines.
- Tracker, Financial Services Regulation & Compliance - Investment Firms (07 February 2017)
On the Domestic Front: Central Bank publishes Markets Update - Issue 1 2017; Irish Stock Exchange publishes review of 2016 showing that the ISE now ranks #1 for investment fund issuers and #2 for listing bonds worldwide. On the EU Front: ESMA issues Opinion on the impact of the exclusion of fund management companies from the scope of the MiFIR Intervention Powers; ESMA publishes briefing on MiFID II technical data reporting requirements; ESMA publishes two updated Questions and Answers on MiFID II and MiFIR transparency topics and on MiFID II and MiFIR market structures topics
- The e-Privacy Regulation – What's new? (07 February 2017)
The European Commission has published its draft e-Privacy Regulation which, if adopted, will replace the existing e-Privacy Directive.
- Shenzhen–Hong Kong Stock Connect (06 February 2017)
A&L Goodbody has become the first Irish law firm to successfully obtain approval of an Irish UCITS sub-fund to trade in China A Shares via both the Shanghai-Hong Kong Stock Connect and Shenzhen–Hong Kong Stock Connect platforms. The Shenzhen–Hong Kong Stock Connect platform, which launched on 5 December 2016, is an extension of the Stock Connect trading link which launched via the Shanghai-Hong Kong Stock Connect in November 2014.
- ESMA final Opinion on UCITS share classes (03 February 2017)
On 30 January 2017, ESMA published its long awaited opinion on the use of share classes in a UCITS investment fund in response to the ESMA Discussion Paper on Share Classes of UCITS (the Opinion). The Opinion was issued due to diverging approaches taken by regulators across the European Union and focusses on the extent to which different types of share classes of the same UCITS sub-fund may differ from one another.
- Environmental Prosperity Agreements (01 February 2017)
Alison Fanagan, a consultant with A&L Goodbody, who specialises in environmental law, explains the concept of environmental prosperity agreements which are being pioneered in Northern Ireland and asks if the EPA would be willing to try something similar here. This article was first published in January/February 2017 edition of The Health & Safety Review.
- Fund Management Company Guidance – Externally Managed Funds (01 February 2017)
The Central Bank of Ireland (the Central Bank) commenced its review of fund management companies in September 2014 and has now issued its final guidance.
- Fund Management Company Guidance – Delegate Oversight (01 February 2017)
The Central Bank of Ireland (the Central Bank) commenced its review of fund management companies in September 2014 and issued its final guidance on 19 December 2016.
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