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Legal Updates & Insights

  • FSPO Digest of Decisions Volume 3 – February 2020 Briefing
    Article

    FSPO Digest of Decisions Volume 3 – February 2020 Briefing

    The Financial Services and Pensions Ombudsman (FSPO) last week published 25 Legally Binding Decisions, which were issued between January 2019 and January 2020 regarding tracker mortgage interest rates. In short, of the 25 complaints in respect of which Legally Binding Decisions were published, 17 complaints were not upheld, 6 complaints were substantially or partially upheld, and 2 complaints...

    Disputes
  • It’s in the bag: Irish competition agency closes investigation in the bagged cement sector
    Article

    It’s in the bag: Irish competition agency closes investigation in the bagged cement sector

    On 28 February 2020, Ireland's Competition and Consumer Protection Commission (CCPC) announced that it had closed its investigation into alleged anti-competitive practices in the "bagged cement sector".

    EU, Competition & Procurement
  • Article

    Asset Management & Investment Funds: EU & International Developments: Feb 2020

    ESMA on Sustainable Finance, ESMA TRV report, SFTR reporting obligations for non-EU AIFs,consultation on third country firms, AIFMD MoUs, ESRB issues with the AIFMD framework, ESMA's product intervention powers, Brexit, AML/CTF

    Asset Management & Investment Funds
  • Article

    Asset Management & Investment Funds: Irish Practice Developments: Feb 2020

    Liquidity, CBI review of PRISM, Property Funds, CBI Review of Stakeholder Engagement and Key frameworks, Diversity, Market Conduct and Market Abuse and CBI Markets Update.

    Asset Management & Investment Funds
  • Article

    Asset Management & Investment Funds Q&A: Feb 2020

    What's relevant in 2020 in ESG legislation and policy for UCITS managers and AIFMs?

    Asset Management & Investment Funds
  • Betting Duty Regulations update
    Article

    Betting Duty Regulations update

    The Irish Revenue Commissioners have published the Betting Duty and Betting Intermediary Duty (Amendment) Regulations 2020 (the Regulations), offering relief to small independent bookmakers from the 2% betting duty levied on every bet entered into with persons in the State. The relief applies to bookmakers that hold an Irish bookmaker, remote bookmaker or remote betting intermediary's licence.

    Betting, Gaming & Licensing
  • Companies must have legal representation in court
    Article

    Companies must have legal representation in court

    The 'Rule in Battle' (the Rule) states that corporate entities may be represented only by lawyers who have a formal right of audience in court proceedings and not by non-lawyer directors or shareholders.

    Disputes
  • Claim of absolute privilege insufficient to justify strike out of defamation claim
    Article

    Claim of absolute privilege insufficient to justify strike out of defamation claim

    In Malone v Fenlon & Ors [2019] IEHC 934, the High Court found that a plea of absolute privilege as a defence to a claim in defamation was insufficiently clearly made out to justify striking out the claim.

    Disputes
  • €6.7m EU fine on Meliá Hotels for carving up markets
    Article

    €6.7m EU fine on Meliá Hotels for carving up markets

    On 21 February 2020, the European Commission imposed a fine of €6,678,000 on the Spanish hotel group Meliá for its contracts with four tour operators which discriminated between customers within the EU's internal market by reference to the customer's country of residence. Dr Vincent J G Power examines the case.

    EU, Competition & Procurement
  • Employee inventions: When are employers liable to pay compensation to employee innovators?
    Article

    Employee inventions: When are employers liable to pay compensation to employee innovators?

    In this three part series we review wider considerations for employers which, whilst falling outside the ambit of routine employment law issues, are worth noting. This article addresses inventions created by employees.

    Belfast
  • Dear CEO letter on Securities Markets Conduct Risk
    Article

    Dear CEO letter on Securities Markets Conduct Risk

    The Central Bank issued a Dear CEO letter on Securities Markets Conduct Risk which addresses the findings from its wholesale market conduct supervisory work in 2019. The letter notes areas for improvements and sets out the Central Bank's expectations of firms in relation to managing market conduct risk and outlines the Central Bank's areas of focus for market conduct supervision in 2020. 

    Financial Regulation
  • Overview of internet intermediary and media law cases for Northern Ireland in 2019: Part 2
    Article

    Overview of internet intermediary and media law cases for Northern Ireland in 2019: Part 2

    In Part 1, we looked at judgments from the Crown Court and High Court in Northern Ireland dealing with a source disclosure order and an interim application concerning Facebook. In Part 2, we consider the Court of Appeal's judgment involving reporting restriction orders and Sir John Gillen's report into the law on serious sexual offences.

    Disputes