Legal Updates & Insights: P1218 -A&L Goodbody LLP

Legal Updates & Insights

  • article

    Financial Service Regulation and Compliance - Banking February 2019

    On the domestic front, the CBI published the penultimate update on the Tracker Mortgage Examination; Derville Rowland, Director General, Financial Conduct of the CBI gave a speech on behaviour and culture in the Irish banking sector; On the European front, the ECB published a paper discussing markets, banks and shadow banks...

    Financial Regulation
  • article

    Asset Management & Investment Funds - Brexit update

    The Central Bank of Ireland (Central Bank) issued a Markets Update on Thursday 7 March 2019 which clarified that, in the event of a no-deal Brexit.

    Asset Management & Investment Funds
  • article

    Proportionality in defamation awards: Court of Appeal reduces defamation award from €10 million to €250,000

    Speedread: The principles outlined by the Court of Appeal last week for assessing damages in defamation cases suggest that the recovery of 'windfall' awards may be a thing of the past. On 28 February 2019, the Court of Appeal gave judgment in Kinsella v Kenmare Resources plc and Carvill, setting aside what had been the largest ever defamation award in the State. Background In the High Court,...

    Disputes
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    Supreme Court recognises that criminal trials may be prohibited for ‘officially induced errors’

    Speed Read 'Officially induced error' relates to circumstances where a person relies on incorrect advice from an official authority as to the law, resulting in the commission of a criminal offence by that person.  In recognition of the potential injustice that would be caused by a guilty verdict, the Supreme Court has endorsed officially induced error as an exception to the rule that ignorance...

    Disputes
  • article

    BREXIT: where are we?

    There are now three main avenues: UK leaves on 29 March 2019 without a deal UK asks, and the EU Member States agree unanimously, to extend the Brexit negotiating period beyond 29 March 2019 UK leaves on 29 March 2019 with a deal No Deal Brexit The first – the "crash out" or "no deal Brexit" – is currently a c.10% option.  If this were to happen, it would happen because of a row or an accident...

    Brexit
  • publication

    Irish Data Protection Law – 2018 in Review

    By any measure, 2018 was a historic year for data protection law with the coming into effect of the GDPR on 25 May 2018. Ireland plays an important role in the regulation and enforcement of data protection law and decisions of the Irish courts have had a disproportionate impact on European data protection jurisprudence.

    Commercial & Technology
  • article

    The ‘Without Prejudice’ Rule - For the record – it may not be ‘off the record’

    Most employers will at some point have faced a problematic employee relationship, often triggered by grievance complaints, disciplinaries, capability issues or sickness absence. Sometimes the easiest and quickest 'solution' to the problem is perceived to be a negotiated departure on 'amicable' terms.

    Belfast
  • article

    State Aid and Sport

    The application of the State aid rules in the context of sport has involved a number of high-profile cases and measures. The application of the State aid rules has also had a particularly important effect in Ireland

    EU, Competition & Procurement
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    Asset Management & Investment Funds: EU & International Developments: February 2019

    Cross-border distribution, PRIIPs, PEPPs, ESMA (2019 work, reform, speeches, UK CCPs, UK CSD in a no-deal Brexit), liquidity stress testing, AML/CTF...

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds: Irish Practice Developments: February 2019

    Deadlines, Brexit (location, EMIR, UK AIFMs, MoUs, GDPR, EMIR), Beneficial Ownership of Trusts.

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds Q&A: February 2019

    Are there any Brexit planning implications at portfolio level for Irish UCITS?

    Asset Management & Investment Funds
  • article

    What will happen to I-SEM in a hard Brexit?

    The British and Irish governments have recently published details of their contingency planning for an Integrated Single Electricity Market (I-SEM) in the event of a no-deal Brexit. The overall theme is that both governments are committed to maintaining I-SEM, regardless of whether Brexit is hard or soft.

    Brexit