In the recent decision of Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP[1], the English Court of Appeal has provided further guidance on whether a collateral warranty constitutes a 'construction contract.' If a collateral warranty is a construction contract then disputes thereunder come within the adjudication regime.
ConstructionSFDR RTS, PAIs under SFDR, ESMA Q&As on UCITS & AIFMD, AML and environmental crime.
Asset Management & Investment FundsCBI's Beneficial Ownership Register for CFVs - PPSNs, Whistleblowing, SEAR, IMF recommendations to CBI.
Asset Management & Investment FundsIn an ideal world, all companies will have a perfect and mutually beneficial relationship with their directors. Circumstances may develop however over time, which can lead to a company seeking to remove a director from office.
BelfastIn domestic news, the CBI set out its expectations for funds required to disclose under the EU Taxonomy Regulation. This approach will apply until 1 January 2023, when the Sustainable Finance Disclosure Regulation Level 2 template disclosures come into force.
Asset Management & Investment FundsIn domestic news, the CBI has published guidance for re-insurance undertakings in respect of intragroup transactions and exposures. The Insurance (Miscellaneous Provisions) Act 2022, has been commenced as of 7 July 2022.
Financial RegulationIn domestic news, the Department of Finance has now published the long-awaited Central Bank (Individual Accountability Framework) Bill 2022 on 28 July 2022. This follows on from publication of the General Scheme for the individual accountability framework legislation which was previously published in July 2021.
Financial RegulationIn domestic news, on 5 July 2022, the Minister for Finance, Paschal Donohoe, signed three statutory instruments (S.I. 302 of 2022, S.I. 303 of 2022 and S.I. 304 of 2022) to complete the transposition of Directive (EU) 2019/2034 (the Investment Firms Directive or IFD) and the implementation of Regulation (EU) 2019/2033 (the Investment Firms Regulation or IFR) into Irish law.
Asset Management & Investment FundsIn domestic news, on 20 July 2022, the Central Bank of Ireland (CBI) published the results of the most recent bank lending survey in Ireland. Banks recorded a moderate deterioration in their access to wholesale funding, in particular in access to medium and long-term securities over the last quarter.
FinanceThe Irish merger control authority (i.e. the Competition and Consumer Protection Commission (CCPC)) has been given a significant new power of merger control intervention under the recently-enacted Competition (Amendment) Act 2022 (Act).
EU, Competition & ProcurementCrowdfunding has gathered pace in recent years as an attractive alternative to traditional forms of finance typically offered by banks. The commencement of the Crowdfunding Regulation simplified the offering of crowdfunding services across the EU and facilitated efficient scaling of services by crowdfunding service providers.
FinanceIn July 2022, a group of 13 environmental NGOs (including ClientEarth, Greenpeace and WWF) issued legal proceedings against the Flemish authorities challenging a permission granted to British petrochemical company Ineos for a plastics manufacturing facility at the Port of Antwerp.
Environmental & Planning