Legal Updates & Insights: P1212 -A&L Goodbody LLP

Legal Updates & Insights

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    Financial Services Regulation and Compliance - Investment Firms June 2019

    Domestic News – Director of Asset Management and Investment Banking of the CBI spoke about the approach that the CBI are taking to ensuring they keep ahead of the changing regulation climate. European News – ESMA issued numerous statements relating to different areas of MiFID II including transparency issues, volume cap data, derivatives to be traded on-venue, and launched a common supervisory...

    Finance
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    Financial Services Regulation and Compliance - Cross Sectoral June 2019

    Domestically, the CBI issued correspondence in relation to the timeline for the final Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) Guidelines for the Financial Sector. In European news there have been numerous developments on a European level, including the introduction by the EU Commission of the CRD, CRR, and the Single Resolution Mechanism Regulation (SRMR).

    Financial Regulation
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    Financial Services Regulation and Compliance - Insurance June 2019

    Domestically, The CBI published its quarterly insurance newsletter and the general good rules pertaining to the Insurance Distribution Directive (IDD). There were many notable developments, including the European Insurance and Occupational Pensions Authority (EIOPA) publishing its 2018 Annual Report, a consultation paper relating to Solvency II and monthly technical information relation to...

    Financial Regulation
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    Financial Services Regulation and Compliance - Funds June 2019

    Domestically the updated and consolidated Central Bank UCITS Regulations came in to effect and concluded its review of UCITS performance fees. On the european front, ESMA updated its AIFMD and UCITS Q&A's on depositary functions this month

    Financial Regulation
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    Financial Services Regulation and Compliance - Banking June 2019

    Domestic News – There have been several developments at domestic level, including the implementation of a ban on the sale of binary options and the restriction of the sale of contracts for difference (CFDs) by the Central Bank of Ireland (CBI). A speech was also delivered by the Director of Consumer Protection about banking culture and the drawbacks of a proposed bank remuneration policy. Europ...

    Finance
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    Smash & Grab Adjudication 3 – The Story Continues

    So-called 'smash & grab' adjudications have been the subject of much debate in the construction industry in the last 18 months.That debate looks set to continue as permission has been granted for an appeal to the Supreme Court - the final court of appeal for civil cases in the United Kingdom.

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    M&A: Ireland’s competition agency clears the proposed acquisition of MCD Productions by LN-Gaiety, subject to commitments

    On 5 July 2019, Ireland's Competition and Consumer Protection Commission (CCPC) announced that it had cleared the proposed acquisition of sole control of MCD Productions Unlimited Company (MCD) by LN-Gaiety Holdings Limited (LN-Gaiety). This is subject to a number of commitments that will satisfy concerns raised by the CCPC. The notification process was long. The notification was made on 14 Aug...

    Corporate & M&A
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    Guide to Initial Public Offerings 2019 - Ireland

    Matthew Cole (Corporate and M&A Partner) provides an overview of the IPO process, regulation, public company responsibilities and risks in relation to IPOs in Ireland. First published in the 'Initial Public Offerings 2019' (Third Edition) by Global Legal Insights...

    Capital Markets - Equity
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    Environmental & Planning case law update: Heather Hill Management Company CLG v An Bord Pleanála

    On 21 June 2019, Judge Garrett Simons delivered his judgment in Heather Hill Management Company CLG v An Bord Pleanála (Burkeway Homes Limited as Notice Party) [2019] IEHC 450. In this case, Heather Hill Management Company CLG and Gabriel McGoldrick (the Applicants) challenged a decision of An Bord Pleanála (the Board) to grant permission for a Strategic Housing Development in Co. Galway.

    Environmental & Planning
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    Adverse possession: New law in landmark decision

    The long standing test concerning the legal possession of land has been challenged in the landmark case of Thorpe v Frank [2019] EWCA Civ 150.

    Commercial Property Belfast
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    Claim of misfeasance in public office brought against Town Council fails but trespass claim succeeds

    In Eustace v. The Lord Mayor, Aldermen and Burgesses of Drogheda Borough Council [2019] IEHC 455 the plaintiffs sought damages for trespass, nuisance and misfeasance in public office arising from permission granted to a construction company to install a slip road and sewer connection on the plaintiffs' land (which was later the subject matter of a compulsory purchase order by Drogheda Council)...

    Disputes
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    Legislation to improve transparency and accountability in the financial sector

    The Department of Finance recently received approval from Cabinet to draft the heads of a Central Bank (Amendment) Bill. Minister for Finance, Paschal Donohoe, has stated his intention to publish the heads of this Bill before the end of 2019. The legislation is intended to give the Central Bank increased regulatory powers in order to stimulate greater accountability and transparency in the fin...

    Financial Regulation