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Legal Updates & Insights

  • article

    Local Government Rates and Other Matters Act 2019

    There is currently some commentary in the marketplace regarding the recently enacted Local Government Rates and Other Matters Act 2019 which is giving rise to concerns that landlords will be required to assume liability for their tenants’ rates. This arises from a particular section of the Act which provides that, on the sale of property which is subject to rates, the vendor must first discharge..

    Commercial Property
  • article

    The Shipping Law Review - Ireland Chapter - 6th Edition

    Catherine Duffy, Vincent Power and Eileen Roberts, Partners at A&L Goodbody, provide an overview of shipping law, the shipping industry, shipping contracts, regulation and the legislative framework in Ireland.

    EU, Competition & Procurement
  • article

    Commercial Court indicates willingness to enforce expert determination clause on the basis of protecting commercially sensitive information

    In Clarke v Colorman (Ireland) Ltd [2019] IEHC 50, the Commercial Court determined that an expert determination clause in a Shareholders' Agreement could be enforced through the granting of a stay on Commercial Court proceedings on the basis that expert determination would protect confidential commercial information.

    Disputes
  • article

    Citizenship process in limbo pending new legislation

    Last year more than 10,000 people were granted Irish citizenship. In light of developments in the High Court in the past two weeks, many of these people may count themselves lucky.

    Employment
  • article

    State Aid in Ireland 2019

    A review of State Aid law and policy in Ireland 2019

    EU, Competition & Procurement
  • article

    Irish Competition Law – Some themes from the CCPC Annual Report 2018

    The 2018 annual report (Report) of Ireland's Competition and Consumer Protection Commission (CCPC) has been laid before the Houses of the Oireachtas (the Irish parliament) and is expected to be published by the CCPC shortly.

    Corporate & M&A
  • article

    Largest ever GDPR fines announced by ICO – don’t fall into the 1%!

    In recent weeks you will have seen the high-profile press coverage of the Information Commissioner’s Office (ICO) announcement of its first potential fines under the GDPR enforcement regime. British Airways (BA) and Marriott International Inc. have been notified by the ICO that it intends to fine them £183.39m and £99.2m respectively. The scale of these fines has put down a clear marker for data

    Belfast
  • article

    UCITS Performance Fees - ESMA consults on guidelines July 2019

    ESMA issued a consultation on guidelines for performance fees in UCITS on 16 July 2019. The date for responses to the consultation is 31 October 2019...

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds: EU & International Developments: July 2019

    Cross-border fund distribution improvements from August 2021 The following Capital Markets Union proposals on the cross-border distribution of funds (CBDF) were published in the Official Journal of the EU. They will come into force on 1 August 2019. Directive (EU) 2019/1160  (the Directive) amending the UCITS Directive and the AIFMD with regard to the cross-border distribution of collective i...

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds: Irish Practice Developments: July 2019

    Updated Central Bank Guidance on the use of financial indices by UCITS The Central Bank of Ireland (Central Bank) issued updated guidance on the use of financial indices by UCITS on 23 July 2019. The certification process initially introduced by the Central Bank in October 2018 guidance was welcome. That guidance has been further updated to clarify the circumstances where an index certificatio...

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds Q&A: July 2019

    What do UCITS/ ManCos need to do following the Central Bank's letter on its thematic review of closet indexing?

    Asset Management & Investment Funds
  • article

    Significant Court of Appeal decision - Confirmation that redundancy-based unfair dismissal claims belong in the WRC, not the High Court

    This week the Court of Appeal weighed in on the crucial question of precisely where an employee can legally seek to challenge the redundancy of their role. The

    Employment