In Cavanaghs of Charleville Ltd. v. Fitzpatrick [2019] IEHC 161 a refusal to direct arbitration was quashed and remitted to the Circuit Court by the High Court in judicial review proceedings. It was held that the Circuit Court must examine the applicability of an arbitration clause in light of the circumstances surrounding the case. Background The dispute arose from the purchase of a motor v...
DisputesThe Government Chief Whip, Seán Kyne TD, has published the Government’s legislation programme for Summer 2019. The updated programme follows on from the special programme launched in January 2019 which focused on Brexit. We have set out below the key data protection and technology-related legislation coming down the tracks. Priority Legislation Communications (Retention of Data) Bill – This...
TechnologyA regulation on the screening of foreign direct investments (FDI) into the European Union has been approved by both the European Parliament and the Council (Regulation 2019/452/EU). The Regulation establishes a framework for the screening by Member States of foreign direct investments into the Union on the grounds of security or public order. It also provides a mechanism for cooperation between...
Asset Management & Investment FundsMany commercial organisations who fall within the scope of the Modern Slavery Act (MSA) are now receiving further correspondence from the Home Office on modern slavery compliance. The Home Office has confirmed its intention to have commenced an audit of compliance by 31 March 2019. By this time, organisations must have assessed their obligations and be actively in compliance with those obligat...
BelfastA management buyout can be a win-win situation for owners and management teams. The option of selling a business on to the current management team rather than seeking an outside buyer can be attractive for many reasons. And, with greater finance now available in the market the management buyout (MBO) is increasingly viable. Sizeable deals during 2018 included the acquisition of Sligo engineeri...
Corporate & M&AThe EU Settlement Scheme will become fully operational on 30th March 2019. Here we answer some of the most common questions on the scheme and how it impacts on EU nationals and their families living in the UK.
BelfastESMA's preparations for a no-deal Brexit, PRIIPs KIDs, Reform of European System of Financial Supervision, SFTR , IOSCO, AML/ CTF/ Corruption
Asset Management & Investment FundsNew Beneficial Ownership Regulations for corporates, Central Bank permits investment in Chinese bonds via Bond Connect, Central Bank Markets Update, Central Bank speeches.
Asset Management & Investment FundsThe investment funds industry is busy assessing the business and compliance challenges of the United Kingdom (UK) withdrawing from the EU (Brexit). These issues include concerns around marketing permissions, delegation, portfolio impact, trading and counterparties, investor disclosures, contractual changes and GDPR. There is still no certainty over the timing and consequences of Brexit. There hav
Asset Management & Investment FundsThe minimum amount which an Employer and an Employee must pay into the workplace pension (Auto-Enrolment) scheme is changing. From 6 of April 2019 the minimum contributions employers and staff must pay into automatic enrolment workplace pension schemes will increase.
BelfastThe Advocate General of the Court of Justice of the EU (CJEU) has delivered an Opinion in the Planet49 case (Case C-673/17), finding that a pre-ticked checkbox giving consent for cookies does not constitute valid consent under the e-Privacy Directive 2002/58 read in conjunction with the Data Protection Directive 95/46 or the GDPR. Facts In order to participate in a lottery organised by Planet...
TechnologyIn Brehony v. Longford Westmeath Farmers Mart Limited [2019] IECA 60 the Court of Appeal held that a High Court Judge was in error in holding that there was no error in principle in the Taxing Master using an instruction free to "equalise" an Attendance Fee which was provided for in the Rules of the Superior Courts. The matter was remitted to the Taxing Master to reconsider the proper level...
Disputes
