Legal Updates & Insights: P1296 -A&L Goodbody LLP

Legal Updates & Insights

  • publication

    Conducting Grievance Procedures

    Grievance procedures sometimes take a back seat for employers compared to disciplinary matters and urgent HR issues. However, failure to address grievances in a timely and thorough manner can expose employers to significant financial and reputational risk.

    Belfast
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    Court of Appeal refuses security for costs - inability to pay caused by applicant

    In Tír Na N-Óg Projects (Ireland) Ltd v P.J. O'Driscoll & Sons [2019] IECA 154, Peart J, for the Court of Appeal, found that the applicant's failure to institute judicial proceedings to obtain a default planning permission within the prescribed time limit was the prima facie cause of the respondent's inability to satisfy a future costs order. The Court of Appeal upheld the decision of the High...

    Disputes
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    Discovery refused on the basis of past breach of implied undertaking by solicitors

    In Waterford Credit Union Ltd v J & E Davy [2019] IECA 157 the Court of Appeal refused discovery of a category of documents, even though it deemed them both relevant and necessary, because the plaintiff's solicitors had breached their undertaking not to disclose information contained in documents discovered in unrelated proceedings. Peart J refused to order discovery to prevent the defendant su...

    Disputes
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    Gaming and Betting in Ireland 2019

    Máire Conneely (Litigation & Dispute Resolution Senior Associate) recently attended the IAGA International Gaming Summit in California (4-6 June). Over the course of three days, the 2019 Summit included a wide range of sessions focused on key issues facing the global gambling industry. As part of this Máire featured an article in the June Issue of G3 (Global Games and Gaming Magazine) where sh...

    Betting, Gaming & Licensing
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    Landmark EU case puts proper tracking of employees’ working hours top of the agenda

    This decision clarified that all employers must have a suitable system in place to ensure they are recording employees’ daily and weekly working hours. As Ireland’s working time legislation already requires employers to keep such records, this case may not have the same ramifications for employers here as it will have for employers in other European Union jurisdictions. That said, the practica...

    Employment
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    Financial Services Regulation and Compliance Bulletin - Cross Sectoral May 2019

    Domestic News – There are many noteworthy items to report cross-sectorally on the domestic front this month, however the most notable being, the keynote speech on the topic of the Senior Executive Accountability Regime (SEAR) delivered by the Director General of the CBI Derville Rowland. European News - On the European front, ESMA has published data for the double volume cap and the system int...

    Financial Regulation
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    Financial Services & Regulation Bulletin - Insurance May 2019

    Two CBI publications shed light on the CBI's expectations this month: the Intermediary Times Newsletter which provides updates on Brexit planning and a keynote speech by the Deputy Governor of the CBI at the Insurance Ireland annual lunch in which he addressed some challenges and common issues arising in the insur...

    Financial Regulation
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    Financial Services Regulation and Compliance Bulletin - Funds May 2019

    Domestic News – Once again, the EMIR Refit Regulation and Director Michael Hodson's keynote speech are notable developments on the domestic funds front this month European News – In terms of European developments, the impending entry in to force of both the second shareholders rights' Directive (SRD II) and the Delegated EuSEF Regulation with regards to social entrepreneurship funds are notabl...

    Asset Management & Investment Funds
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    Financial Services Regulation and Compliance Bulletin - Investment Firms May 2019

    Domestic News – On the domestic front, there have been no notable developments, however the Director of Asset Management and Investment Banking of the CBI discussed the new prudential regime for investment firms, which was agreed in April, in his keynote speech. European News – There have been many developments on the European front this month, most notably relating to the publishing of the EMI...

    Financial Regulation
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    Financial Services Regulation and Compliance Bulletin - Banking May 2019

    Domestic News – on the domestic front, there was a large focus on effective supervision this month within the Central Bank of Ireland (CBI), as it featured in two keynote speeches. European News – there have been several consultations on technical standards at European level this month.

    Financial Regulation
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    Lawful demand made in good faith does not amount to economic duress

    ​In ​Times Travel (UK) Ltd v Pakistan International Airlines Corporation [2019] EWCA Civ 828 ​the Court of Appeal found that ​a lawful act, done in good faith did not ​constitute illegitimate pressure giving rise to a right of avoidance of a contract on the basis of economic duress. ​Background The defendant was the only airline flying directly between the UK and Pakistan. The plaintiff's bus...

    Disputes
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    Expert Focus: Brexit, UK-REACH and the impact of regulating the use and supply of chemicals in Ireland

    31 October is the new date fixed in UK and EU law for the UK's departure from the bloc. At this stage, the terms remain unsettled. The Withdrawal Agreement, agreed in draft with the EU at the end of 2018, has now been rejected three times by the UK Parliament. EU leaders insist that, by 31 October, the UK must choose whether to ratify the exit treaty, opt for a no-deal Brexit or cancel its depa...

    Brexit