Legal Updates & Insights: P1416 -A&L Goodbody LLP

Legal Updates & Insights

  • article

    Irish Maritime Casualty Regime Faces EU Challenge

    The European Commission announced that it was bringing Ireland to the CJEU for allegedly failing to implement correctly the EU directive on the investigation of maritime casualties

    EU, Competition & Procurement
  • article

    Employment (Miscellaneous Provisions) Bill 2017 - a game changer for employers?

    The Employment (Miscellaneous Provisions) Bill 2017 was recently passed by Dáil Éireann, and depending on progress made before Seanad Éireann in the autumn, it could be enacted by the end of the year. The Bill forms part of the Government's proposals to tackle zero hour contracts and uncertain working conditions.

    Employment
  • article

    The latest on Brexit employment law

    In a white paper issued last week by the UK Government the post-Brexit status of the UK's employment legislation derived from European Union law appears to be no longer in doubt. Despite a high degree of speculation about proposed changes since the referendum outcome, the paper indicates no intention to repeal or amend employment or equality law.

    Brexit
  • article

    Significant award made in workplace bullying case

    Another significant damages award for workplace bullying has been handed down by the High Court.

    Employment
  • article

    Fine for anti-competitive behaviour should be greater than the financial gain

    In DPP v Aston Carpets and Flooring Limited and Brendan Smith [2018] IECA 194, Court of Appeal, 20 June 2018 (Mahon J, Birmingham J, Edwards J) the DPP applied to the Court of Appeal for a review of the defendants' sentences on the basis that they were unduly lenient. 

    Disputes
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    All other options must be explored before discovery is ordered

    The Court of Appeal held that discovery should not be ordered unless all other available options had been properly explored. It refused a request for discovery of certain categories of documents on the basis that the application was premature and the plaintiff should first ask the High Court for permission to deliver interrogatories on the matters at issue.

    Disputes
  • article

    Two-sided markets and the Irish competition law experience

    On 25 June 2018, the US Supreme Court held that American Express’s anti-steering provisions do not breach US antitrust law (Ohio et al. v. American Express Co. et al (No. 16–1454).

    EU, Competition & Procurement
  • article

    Receiver fails to persuade High Court he has a ‘strong argument’ that he was validly appointed

    The High Court decided that a receiver had not persuaded the Court that he had a strong argument that he was validly appointed in circumstances where he was appointed as 'receiver' in the Deed of Appointment and the underlying Deed of Mortgage referred to the appointment of a 'receiver and manager'.

    Disputes
  • article

    Court of Appeal holds litigation privilege in documents had ended

    The Court of Appeal has held, that documents which were protected by litigation privilege in legal proceedings were not protected by litigation privilege in subsequent proceedings in circumstances where the original proceedings had concluded, and the subsequent proceedings were not 'closely related' to the original proceedings. 

    Disputes
  • article

    Recent structural developments in aircraft ABS transactions

    David Berkery, partner in the Aviation & Transport Finance department looks at recent structural developments in aircraft ABS transactions including the increased liquidity of E-notes and co-issuer structures.

    Aviation & Transport Finance
  • article

    Financial Services Regulation & Compliance - Banking June 2018

    On the domestic front, Central Bank of Ireland (CBI) personnel addressed the capital requirements and the sustained risks of non-performing loans (NPLs), while publications included the 2018 Macro Financial Review...

    Financial Regulation
  • article

    Financial Services Regulation & Compliance - Funds June 2018

    This month was comparatively quiet. The CBI released a Markets Update for Fund Management Company Directors and the European Securities and Markets Authority (ESMA) held a supervisors' workshop in closet indexing.

    Financial Regulation