- CASE OF THE MONTH: Allegation of oppression of minority shareholder rejected by the High Court (14 April 2015)
In Hamill -v- Vantage Resources Limited & Anor  IEHC 195, High Court, Binchy J, 20 March 2015 the petitioner claimed that he had been oppressed as a minority shareholder and that there had been a disregard of his interests as a member of the Company under Section 205 of the Companies Act 1963.
- High Court orders UPC to take action against illegal downloaders (14 April 2015)
The Commercial Court has delivered a ruling which will have significant implications for music companies and ISPs, in regard to illegal downloading.
- Recent disability discrimination case highlights delay in considering reasonable accommodation (14 April 2015)
A 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).
- Tracker, Financial Services Regulation & Compliance - Banking (02 April 2015)
CBI publishes introductory statement by Governor Patrick Honohan at the Oireachtas Banking Enquiry, European Banking Authority (EBA) publishes benchmarking package, EBA requirements for business reorganisation plans, EBA resolution procedures for EU banks, EBA updates its risk dashboard for EU banking sector, EBA final guidelines on standardised fee terminology for payment accounts within the EU.
- Tracker, Financial Services Regulation & Compliance - Insurance (02 April 2015)
CBI Solvency II Information Notes, reserving requirements, non-life insurers, reinsurers, Solvency II newsletter, Competition and Consumer Protection Commission, motor survey, Insurance Ireland Annual Report published, CIRs, ITS, EIOPA review, Commission Delegated Regulation, equity capital charge, ITS guidelines, risk dashboard, ESAs ITS, PRIIPs, product intervention powers, IAIS consultation, UK insurance fraud taskforce issues interim report, Mesothelioma compensation payments increased UK, PRA speech, FCA policy development, UK Mutual Deferred Shares Act 2015, PRA, FCA,fit and proper rules.
- Tracker, Financial Services Regulation & Compliance - Investment Firms (02 April 2015)
Supervision and Enforcement Act 2013, Client Asset Regulations 2015 for Investment Firms signed, European Securities and Markets Authority (ESMA) enters into a Memorandum of Understanding with Reserve Bank of Australia (RBA) regarding trading repositories, MAS, CCPS, NCAS, RTS, clearing obligations on interest rate swaps, Trends, Risks and Vulnerabilities, EU securities markets, IOSCO, CRA code, CRA.
- Tracker, Financial Services Regulation & Compliance - Funds (02 April 2015)
The ICAV, Central Bank (Supervision and Enforcement) Act 2013 (s48(1) Investor Money Regulations 2015 for Fund Services Providers (SI 105 of 2015) was signed by Deputy Governor (Financial Regulation) Cyril Roux on 25 March 2015, MMF Regulation, ESMA AIFMD Q&A,ESMA KIID Q&A, ELTIFs, Shadow Banking Consultation (all MMFs and AIFs in scope), Conflicts of interest
- Tracker, Financial Services Regulation & Compliance - Cross Sectoral (02 April 2015)
CBI publishes various reporting requirements for MiFID investment firms, CBI first review of debt management firms, Statement on external review CBI Consumer Protection function, publishes Schedule of Dates for the receipt of supervisory data for 2015, Fitness and Probity 2015 Regulations for Credit Unions, ESRB publishes a report on regulatory treatment of sovereign exposures, BIS publishes its quarterly review, EBA consultation paper on draft guidelines relating to exposures on shadow banking entities, ESMA publishes its revised Regulatory Work Programme for 2015
- The Front Page, Asset Management & Investment Funds: EU & International Developments (31 March 2015)
On the International Front, we look at the MMF Regulation, ESMA AIFMD Q&A, ESMA KIID Q&A, ESMA guidelines and technical standards, ELTIFs, Capital Markets Union, Anti- Money Laundering and Countering the Financing of Terrorism, Shadow Banking Consultation (all MMFs and AIFs in scope), Market Abuse and Inside Information, Conflicts of Interest, ESMA Risk Dashboard, ESMA Regulatory Work programme and Own Funds Requirements for firms based on fixed overheads.
- The Front Page, Asset Management & Investment Funds: Irish Practice Developments (31 March 2015)
On the Domestic Front, we look at, the ICAV, FATCA, Central Bank Markets Update, a speech by the Central Bank Director of Markets Supervision, Central Bank Reporting Requirements and the Irish Government Strategy for Irish Financial Services, Client Asset Regulations, Investor Money Regulations and Companies Act 2014.
- Man sues DPC for failing to conduct an oral hearing (31 March 2015)
A Garda has alleged that his data protection rights were breached when a representative of his Credit Union, showed his father his confidential financial statements which indicated difficulties with his loans.
- Women on Boards: new figures from the UK show continued improvement (31 March 2015)
On 25 March, Lord Davies published his fourth Annual Report on Women on Boards in the UK.
- Supreme Court considers the transfer of registered charges in a cross-border merger (31 March 2015)
The Supreme Court recently unanimously dismissed an appeal by Patrick McLaughlin and Roseann McLaughlin (together the McLaughlins) against the appointment of receiver, Tom Kavanagh, and a declaration that Bank of Scotland plc (BOS) was entitled to recover debts of over €4million.
- What next for renewable energy support schemes in Ireland? (27 March 2015)
Alan McCarthy a partner in A&L Goodbody's EU, Competition & Procurement group along with Kevin Feeney and Ross Moore, both Partners in A&L Goodbody's Energy & Natural Resources Group look at what the next round of renewable support for electricity generation from renewable energy beyond REFIT 2 and REFIT 3 will look like.
- Data Analytics in Ireland (25 March 2015)
A&L Goodbody's IP & Technology group provide an overview of 'Data Analytics in Ireland' and outline what your organisation needs to consider when engaged in data analytics.
- Irish Competition and Consumer Protection Commission: Price Transparency and Discriminatory Practices - the Glasnevin Case (25 March 2015)
The Irish Competition and Consumer Protection Commission ("CCPC") is the successor institution to the Irish Competition Authority ("ICA") and the National Consumer Agency. Unlike the European Commission, the CCPC may not impose penalties because the power to do so is reserved to courts by virtue of the Irish Constitution.
- High Court rules Code of Conduct on Mortgage Arrears does not require a Lender to participate in Mortgage to Rent Scheme (24 March 2015)
In Stepstone Mortgage Funding Ltd -v- Clarke & anor  IEHC 105, High Court, White Michael J, 15 January 2015 the High Court held, in an application for possession of a property, that while the Code of Conduct on Mortgage Arrears (the Code) required a lender to explore all options for alternative repayment, the lender is not obliged to explore the option of a voluntary scheme of which it is not a participant.
- European Court considers safety of Safe Harbour (24 March 2015)
The Court of Justice of the European Union (CJEU) is due to hear questions concerning the validity of the Safe Harbour regime today, Tuesday 24 March 2015, in Maximillian Schrems v Data Protection Commissioner (Case C-362/14).
- Fair procedures in redundancy cases (24 March 2015)
A recent determination from the Employment Appeals Tribunal (the EAT) reiterates the key elements of fairness necessary when effecting a redundancy dismissal (Desmond McGuire v Sleedagh Farms Limited UD1320/2012).
- Draft Grocery Goods Regulations published (20 March 2015)
The Minister for Jobs, Enterprise and Innovation has published draft Regulations which, if adopted in their current form, will regulate commercial dealings between suppliers and certain operators in the grocery sector.
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