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Legal Updates & Insights

  • Article

    Business records now presumed admissible in civil litigation

    The old rule for admitting business records was that they had to be proven by a witness at trial. This even applied to routine records such as delivery dockets, purchase orders, invoices, and statements of account.

    Disputes
  • Article

    Privacy Rights in Dawn Raids – the Privacy Protocol as the legacy of the CCPC’s bagged cement investigation

    On 28 February 2020, Ireland's Competition and Consumer Protection Commission (CCPC) announced that it had closed its investigation into alleged anti-competitive practices in the "bagged cement sector".

    EU, Competition & Procurement
  • Article

    Asset Management & Investment Funds: EU & International Developments - Aug 2020

    MMFR stress testing, ESMA recommendations for the AIFMD and UCITS Directive, taxonomy-related disclosures and reporting non-financial information, reporting of net short positions, low carbon benchmarks, UCITS & AIFMD sustainability revisions, cybercrime, the EU sanctions blocking regulation, AML/ CFT

    Asset Management & Investment Funds
  • Article

    Asset Management & Investment Funds: Irish Practice Developments - Aug 2020

    CBI markets update, company law update, CBI statement on e-signatures, cybersecurity, Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2020, CBI Submission to EU Commission's AML/CFT Action Plan, Beneficial ownership and Irish investment funds

    Asset Management & Investment Funds
  • Article

    Asset Management & Investment Funds Q&A - Aug 2020

    Q&A of the month. Is the method for submitting AML/CFT Suspicious Transaction Reports (STRs) to Revenue changing?

    Asset Management & Investment Funds
  • publication

    The Protected Disclosures Act 2014 - an Act with teeth but does it bite?

    In 2014 Ireland took the lead in whistleblower protection with the introduction of the Protected Disclosures Act. It actively promoted a cultural shift towards encouraging employee whistleblowers by offering them significant protections from penalisation.

    Employment
  • article

    UK offshore electricity transmission review offers lessons for Ireland’s offshore wind sector

    The UK electricity regulator, Ofgem, has called for industry feedback on ways to improve coordination in offshore electricity transmission infrastructure. This feedback will inform a wider review of the UK's offshore transmission network, launched in July 2020.

    Climate Action
  • European Commission approves State aid for Irish beef sector
    Article

    European Commission approves State aid for Irish beef sector

    On 25 August 2020, the European Commission approved Ireland's plan to provide €50m worth of State aid to the Irish beef sector to address the impact of COVID-19.

    COVID-19
  • article

    Restrictive covenants – a company may reasonably withhold consent on aesthetic grounds

    A recent Court of Appeal decision (89 Holland Park (Management) Limited -v- Hicks [2020] EWCA Civ 758) held that it was possible to object to a neighbour’s proposed works to land or property on aesthetic grounds, provided the refusal was reasonable.

    Litigation & Dispute Resolution Belfast
  • article

    Aviation Finance & Leasing Trends & Developments 2020 - Ireland

    Marie O'Brien & David Berkery look at some of the key trends and developments in the aviation finance and leasing industry in Ireland such as talent, tax developments, aircraft leasing eco-system, ABS developments, climate action targets, and general market trends, and how they may shape the future of the industry.

    Aviation & Transport Finance
  • COVID-19 guidance for employers in Northern Ireland: Furlough, flexibility and the future
    publication

    COVID-19 guidance for employers in Northern Ireland: Furlough, flexibility and the future

    Following the Northern Ireland assembly announcement on 20 August 2020, it has been confirmed that tightened restrictions are due to come into effect in Northern Ireland from early next week.

    COVID-19 Belfast
  • publication

    Low Carbon Benchmarks

    The Low Carbon Benchmarks Regulation amended the Benchmarks Regulation to introduce a new category of benchmarks and to provide for sustainability-related disclosures for all benchmarks. 

    Asset Management & Investment Funds