In the recent case of Bates v Post Office [2019] EWHC 606 (QB) (Bates) the English High Court found that an implied duty to act in good faith exists in 'relational contracts'. Traditionally, English and Irish contract law has not recognised an implied duty of good faith (with the exception of specific contractual relationships such as insurance or partnership agreements). This contrasts with...
Commercial & TechnologyThe European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2019 came into force on 22 March 2019, with the exception of Part 3. Part 3, which deals with the Central Register of Beneficial Ownership, will come into force on 22 June 2019...
Asset Management & Investment FundsOn 2 April 2019, the European Commission adopted an interesting decision in regard to the UK's "Controlled Foreign Company" ("CFC") rules. The Commission decided that the rules were partly compatible and partially incompatible with EU State aid law. The case is interesting because it demonstrates that the EU State aid rules continue to apply in the UK notwithstanding its "intention" to leave the
BrexitThe EDPB has published its first review of the implementation of the GDPR, in particular the functioning of the cooperation and consistency mechanism. The GDPR requires EU Data Protection Supervisory Authorities (SAs) to cooperate in order to provide a consistent application of the GDPR. The EDPB concludes that nine months after the entry into force of the GDPR, the cooperation and consistency...
Commercial & TechnologyIn Cavanaghs of Charleville Ltd. v. Fitzpatrick [2019] IEHC 161 a refusal to direct arbitration was quashed and remitted to the Circuit Court by the High Court in judicial review proceedings. It was held that the Circuit Court must examine the applicability of an arbitration clause in light of the circumstances surrounding the case. Background The dispute arose from the purchase of a motor v...
DisputesThe Government Chief Whip, Seán Kyne TD, has published the Government’s legislation programme for Summer 2019. The updated programme follows on from the special programme launched in January 2019 which focused on Brexit. We have set out below the key data protection and technology-related legislation coming down the tracks. Priority Legislation Communications (Retention of Data) Bill – This...
Commercial & TechnologyA regulation on the screening of foreign direct investments (FDI) into the European Union has been approved by both the European Parliament and the Council (Regulation 2019/452/EU). The Regulation establishes a framework for the screening by Member States of foreign direct investments into the Union on the grounds of security or public order. It also provides a mechanism for cooperation between...
Asset Management & Investment FundsMany commercial organisations who fall within the scope of the Modern Slavery Act (MSA) are now receiving further correspondence from the Home Office on modern slavery compliance. The Home Office has confirmed its intention to have commenced an audit of compliance by 31 March 2019. By this time, organisations must have assessed their obligations and be actively in compliance with those obligat...
BelfastA management buyout can be a win-win situation for owners and management teams. The option of selling a business on to the current management team rather than seeking an outside buyer can be attractive for many reasons. And, with greater finance now available in the market the management buyout (MBO) is increasingly viable. Sizeable deals during 2018 included the acquisition of Sligo engineeri...
Corporate & M&AThe EU Settlement Scheme will become fully operational on 30th March 2019. Here we answer some of the most common questions on the scheme and how it impacts on EU nationals and their families living in the UK.
BelfastESMA's preparations for a no-deal Brexit, PRIIPs KIDs, Reform of European System of Financial Supervision, SFTR , IOSCO, AML/ CTF/ Corruption
Asset Management & Investment FundsNew Beneficial Ownership Regulations for corporates, Central Bank permits investment in Chinese bonds via Bond Connect, Central Bank Markets Update, Central Bank speeches.
Asset Management & Investment Funds