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  • Proceedings Dismissed Where Plaintiff Purchased Right to Litigate (21 March 2017)

    In SPV Optimal Osus Limited -v- HSBC Institutional Trust Services (Ireland) Limited & Ors the Court of Appeal rejected an appeal of a High Court decision dismissing proceedings as being frivolous and vexatious and bound to fail on the basis that the proceedings against the defendants were contrary to public policy, void and unenforceable as a matter of law since the assignment of the right to litigate third party claims amounted to the assignment of a bare cause of action and contrary to the rules of champerty and maintenance.

  • No Implied Duty of Good Faith and Fair Dealing in Commercial Contract (21 March 2017)

    In Flynn v Breccia the Court of Appeal overturned a High Court ruling that there was a general principle of good faith in Irish commercial contract law.

  • European Commission Imposes Fines Totalling €776m on 11 Airlines: Take Two (20 March 2017)

    Ireland's national day, St Patrick's Day, was not a lucky day for 11 airlines around the world. On 17 March 2017, the European Commission imposed fines on 11 airlines totalling €776 million. The Commission believed that these airlines fixed the price of fuel and security surcharges on air cargo flights to and from the European Economic Area between 1999 and 2006. The airlines fined were Air Canada (€21m), Air France (€182m), KLM (€127m), Martinair (€15m), British Airways (€104m), Cargolux (€79m), Cathay Pacific (€57m), Japan Airlines (€35m), LAN (€8m), SAS (€70m) and Singapore (€74m).

  • Ireland’s Corporate Immigration System Enters a Brave New World (16 March 2017)

    January 2017 saw chaotic scenes at many airports around the world when individuals from seven countries were refused entry to the US following the implementation of President Trump's controversial travel ban. Holders of valid visas and green cards for the US were affected by the ban and the successful legal challenges that followed were largely brought by such visa holders. The key learning point is the need for a well-managed and streamlined approach to immigration administration. While Ireland, like most countries, has sometimes struggled with implementing a clear and swift immigration system, progress has been made towards a more user friendly and predictable immigration system.

  • Proposed New EU Prospectus Regulation - an Update (16 March 2017)

    The European Parliament, the EU Council and the EU Commission have agreed on a revamped Prospectus Regulation. The reform was proposed by the Commission last November, as part of its Capital Markets Union Action Plan, in order to improve access to finance for companies and simplify information for investors.

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