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Legal Updates & Insights

  • article

    Consumer Arbitration: Close connection required to rely on public policy defence as a consumer in England

    In Eternity Sky Investments Ltd v Mrs Xiaomin Zhang [2023] EWHC 1964 (Comm), the English Commercial Court has refused an application to set aside an order for enforcement of an arbitration award on the grounds of public policy.

    Disputes
  • article

    European Commission accepts further referrals of non-notifiable acquisitions from Member States under Article 22 EUMR

    The European Commission published Guidance in March 2021 in which it indicated that it intended in certain circumstances to encourage and accept Article 22 referrals where the referring Member State(s) did not have the power to review the transactions concerned under national rules.

    EU, Competition & Procurement
  • article

    Asset Management & Investment Funds: EU & International Developments – August 2023

    European Sustainability Reporting Standards, EU-US data privacy, MMFs, interconnectedness among EU investment funds, MiFID II guidelines, AML/CFT/FS.

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds: Irish Practice Developments – August 2023

    CBI issues questionnaire: First phase of engagement in ESMA’s CSA on sustainability and risk disclosure, ELTIFs, IF guidance on depositary oversight principles and ESG investment.

    Asset Management & Investment Funds
  • article

    The New Central Bank Administrative Sanctions Procedure - draft guidelines and consultation paper

    The Central Bank’s Administrative Sanctions Process (the ASP) is the regulator’s key enforcement tool. The ASP is being reformed alongside a package of changes to investigations in the financial services sphere. The Central Bank recently published a consultation paper and draft guidance setting out how they propose to commence and progress enforcement investigations under the ASP going forward.

    Financial Regulation
  • publication

    Regulatory Investigations Insight: The Central Bank’s Administrative Sanctions Regime Reformed

    The Central Bank’s Administrative Sanctions Process (the ASP) is the regulator’s key enforcement tool. The ASP is being reformed alongside a package of changes to investigations in the financial services sphere. The Central Bank recently published a consultation paper and draft guidance setting out how they propose to commence and progress enforcement investigations under the ASP going forward.

    Regulatory
  • article

    The Consumer Protection Code review – what’s on the horizon?

    The Central Bank has published an engagement update on its review of the Consumer Protection Code following feedback on its discussion paper. It plans to introduce an updated Code in 2024.

    ESG & Sustainability
  • article

    Government plans to increase fines for illegal working

    The Home Secretary recently announced plans to increase fines for employers and landlords who facilitate illegal migrants to live and work in the UK.

    Belfast
  • article

    CCPC Issues New Guidance in Anticipation of Commencement of Competition (Amendment) Act 2022

    The Competition (Amendment) Act 2022 (Act) is a landmark statute which will introduce significant changes to the Irish competition law regime, including the ability for civil fines to be imposed in respect of breaches of competition law, an updated leniency regime and amended merger control provisions.

    EU, Competition & Procurement
  • article

    Defective concrete products levy reminder

    On 15 December 2022, the Finance Act 2022 (the Act) was signed into law. In doing so it introduced the Defective Concrete Products Levy (DCPL). The Government introduced the DCPL to fund the redress scheme for homeowners affected by defective concrete products used in the building of homes.

    Construction
  • article

    Big data: A big opportunity for insurers, but what about customer ethics?

    The use of big data and artificial intelligence is rapidly increasing in the insurance sector, both in Ireland and beyond. While data has always been collected and processed by insurers to inform underwriting decisions and pricing, the way in which data collected is combined and assessed to generate information and predictions about consumers’ characteristics, behaviours has evolved.

    Insurance & Reinsurance
  • article

    The forum for challenges to an adjudicator’s jurisdiction

    On 17 August 2023, the Irish High Court delivered judgment in K&J Townmore Construction Limited v Keogh [2023] IEHC 509. The key question for the court was whether a challenge to an adjudicator’s jurisdiction should take place before the adjudication process, by way of judicial review, or after the adjudication process, by way of enforcement proceedings under the Construction Contracts Act 2013.

    Construction