Legal Updates & Insights: P1418 -A&L Goodbody LLP

Legal Updates & Insights

  • 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
  • article

    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
  • article

    Financial Services Regulation & Compliance - Insurance June 2018

    Home developments include the European Union (Insurance Distribution) Regulations 2018 being published and the CBI consulting on changes to domestic actuarial regime and related governance requirements. From the European side, developments include the European Insurance and Occupational Pensions Authority (EIOPA) calling on supervisors to remind insurers of their duty to advise customers....

    Financial Regulation
  • article

    Financial Services Regulation & Compliance - Investment Firms June 2018

    Home developments included a speech by the CBI head of Securities and Markets Supervision focusing on conduct. From the European side, the ESMA's restriction of binary options and CFDs was published and the Commission proposed a Regulation on sovereign bond-backed securities. The ESMA also released a report on supervisory measures and penalties under EMIR and the Commission enacted...

    Financial Regulation
  • article

    Financial Services Regulation & Compliance - Cross Sectoral June 2018

    This month saw Bills on a variety of issues, from money laundering to gender pay gap reporting, moving through the legislative process. Governor Lane explained the CBI's view on the regulation of credit servicing firms and the Office of the Director for Corporate Enforcement (ODCE) published its annual report. European developments focused on cybersecurity and data privacy....

    Financial Regulation
  • article

    EU Package Travel Directive effective from 1 July 2018 – is your business prepared?

    The impact of the EU Package Travel Directive will be felt by all businesses in the travel sector but particularly by online businesses facilitating the combination of travel services through the new concept of 'linked travel arrangements'.

    EU, Competition & Procurement