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.
DisputesLast 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.
EmploymentA review of State Aid law and policy in Ireland 2019
EU, Competition & ProcurementThe 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&AIn 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
BelfastESMA 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 FundsCross-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 FundsUpdated 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 FundsWhat do UCITS/ ManCos need to do following the Central Bank's letter on its thematic review of closet indexing?
Asset Management & Investment FundsThis 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
EmploymentA new prospectus regime applies across the EU since 21 July 2019. The Prospectus Regulation (the Regulation) was drafted by the European Commission with the intention of making it simpler and more cost-effective for businesses to raise funds publicly and to encourage smaller firms in particular to list on equity and debt markets.
EU, Competition & ProcurementStrategic Housing Development case-law update – failure to upload bat survey leads to permission being set aside This decision is of particular relevance to developers involved in Strategic Housing Development (SHD) applications and highlights the need to ensure full compliance with the procedural and legal requirements of the associated legislation. In Southwood Park Residents Association v An Bo
Environmental & Planning