Speedread: The principles outlined by the Court of Appeal last week for assessing damages in defamation cases suggest that the recovery of 'windfall' awards may be a thing of the past. On 28 February 2019, the Court of Appeal gave judgment in Kinsella v Kenmare Resources plc and Carvill, setting aside what had been the largest ever defamation award in the State. Background In the High Court,...
DisputesSpeed Read 'Officially induced error' relates to circumstances where a person relies on incorrect advice from an official authority as to the law, resulting in the commission of a criminal offence by that person. In recognition of the potential injustice that would be caused by a guilty verdict, the Supreme Court has endorsed officially induced error as an exception to the rule that ignorance...
DisputesThere are now three main avenues: UK leaves on 29 March 2019 without a deal UK asks, and the EU Member States agree unanimously, to extend the Brexit negotiating period beyond 29 March 2019 UK leaves on 29 March 2019 with a deal No Deal Brexit The first – the "crash out" or "no deal Brexit" – is currently a c.10% option. If this were to happen, it would happen because of a row or an accident...
BrexitBy any measure, 2018 was a historic year for data protection law with the coming into effect of the GDPR on 25 May 2018. Ireland plays an important role in the regulation and enforcement of data protection law and decisions of the Irish courts have had a disproportionate impact on European data protection jurisprudence.
Commercial & TechnologyMost employers will at some point have faced a problematic employee relationship, often triggered by grievance complaints, disciplinaries, capability issues or sickness absence. Sometimes the easiest and quickest 'solution' to the problem is perceived to be a negotiated departure on 'amicable' terms.
BelfastThe application of the State aid rules in the context of sport has involved a number of high-profile cases and measures. The application of the State aid rules has also had a particularly important effect in Ireland
EU, Competition & ProcurementCross-border distribution, PRIIPs, PEPPs, ESMA (2019 work, reform, speeches, UK CCPs, UK CSD in a no-deal Brexit), liquidity stress testing, AML/CTF...
Asset Management & Investment FundsDeadlines, Brexit (location, EMIR, UK AIFMs, MoUs, GDPR, EMIR), Beneficial Ownership of Trusts.
Asset Management & Investment FundsAre there any Brexit planning implications at portfolio level for Irish UCITS?
Asset Management & Investment FundsThe British and Irish governments have recently published details of their contingency planning for an Integrated Single Electricity Market (I-SEM) in the event of a no-deal Brexit. The overall theme is that both governments are committed to maintaining I-SEM, regardless of whether Brexit is hard or soft.
BrexitThe Government has published updated guidance on arrangements for EEA and Swiss citizens coming to the UK to visit, study, work or join family in the event of a 'no deal' Brexit.
BrexitPart 8 of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019 relates to insurance. UK insurers and insurance intermediaries that will still have Irish business (i.e. policyholders) post-29 March 2019 are understandably anxious. "Dear CEO" letters were sent by the Central Bank of Ireland (CBI) in Q4 2018 to all UK insurers and intermediaries passp...
Brexit
