The effects of Brexit on major commercial transactions and the resolution of commercial disputes will ultimately depend on the terms on which the UK leaves the European Union. An extreme "No Deal" Brexit, is likely to have significant repercussions in the way parties provide for the resolution of commercial disputes in several respects. Due to its procedural effectiveness and certainty, the Co...
BrexitOne of the unforeseen consequences of Brexit is that Irish businesses could be subject to more competition dawn raids by the European Commission as the option of conducting these unannounced inspections in the UK is blocked off by the UK leaving the European Union. A&L Goodbody's Dr Vincent Power was interviewed about the issue in an article in to-day's The Irish Times...
BrexitCash flow is the life blood of the construction industry, goes the mantra. Construction projects often have long supply chains. When cash stops flowing down the chain, businesses can fail. There is all too much recent evidence of this. Someone in the chain (say, a main contractor) could seek to provide in a contract that it does not have to pay the party below (subcontractor) until it has...
BrexitThe start of a new year brings a number of changes and developments in the world of tax. Ireland has introduced a new exit tax on certain transfers of assets cross border and CFC rules targeting the diversion of profits from Ireland to low or no tax jurisdictions.
TaxBattery storage is an essential support mechanism as Ireland's electricity system seeks to accommodate increased renewables penetration. EirGrid's 'DS3 Volume Capped Procurement Process' is set to commence in late February 2019 with the aim of up providing 6 year fixed term contracts to 140MW of new high availability technologies (primarily batteries). This represents a significant opportunity...
Energy & Natural ResourcesCaoimhe Clarkin, Partner and Marcus Walsh, Associate in A&L Goodbody's Litigation & Dispute Resolution department, provide a practical insight into Litigation & Dispute Resolution in Ireland. They review all areas of interest including Ireland's legal system, judiciary approach, defending a claim, rules of evidence, types of judgements and orders, settlement process, alternative dispute resolut...
DisputesThe European Data Protection Board (EDPB) has adopted an Opinion (3/2019) on the interplay between the EU Clinical Trials Regulation (536/2014) (CTR) and the GDPR, following a request from the European Commission to review its Q&A on the topic. The CTR, which is expected to enter into force in 2020, aims to harmonise the rules for conducting clinical trials throughout the EU. It does not conta...
Commercial & TechnologyThe European Commission has published an infographic on compliance with and enforcement of the GDPR since from May 2018 to January 2019. The infographic reveals some interesting statistics, including: 95,180 complaints have been made to EU national data protection authorities (DPAs) by individuals who believe their rights under the GDPR have been violated. The majority of these complaints...
Commercial & TechnologyThe current absence of political resolution and the fast-approaching date for Brexit means that there is a heightened chance of a no-deal Brexit. If so, World Trade Organisation rules will govern trade with the UK so what does that mean for businesses in Ireland? Currently, the UK is part of the Single Market and the EU Customs Union. If there is a no-deal Brexit, EU law will cease to apply...
BrexitCompanies tendering for public contracts in the UK and Ireland after 29 March 2019 (or such later date if extended) will need to be aware of the changes that Brexit will bring for public procurement. While the public procurement landscape in the UK will not change dramatically in the short term, there will be some changes in practice depending on whether there is a deal or no deal. No Deal...
BrexitAs the UK is expected to leave the EU on 29 March, a number of key areas of concern have emerged in respect of health and safety protections. Stakeholders in the industry have identified serious consequences for the UK health and safety legal framework if there is a no-deal Brexit. One such area relates to the regulations governing Registration, Evaluation, Authorisation and Restriction of...
BrexitThe backstop would be a legally binding agreement between the EU and the UK that neither a hard border nor checks will be reintroduced between Northern Ireland and Ireland after the UK leaves the EU (i.e., post-Brexit). Vincent Power explains the term "backstop" which is a central feature of the Brexit negotiations and processes. What is the Backstop? Concept The backstop would be a legally...
Brexit
