The High Court decided that a receiver had not persuaded the Court that he had a strong argument that he was validly appointed in circumstances where he was appointed as 'receiver' in the Deed of Appointment and the underlying Deed of Mortgage referred to the appointment of a 'receiver and manager'.
DisputesThe Court of Appeal has held, that documents which were protected by litigation privilege in legal proceedings were not protected by litigation privilege in subsequent proceedings in circumstances where the original proceedings had concluded, and the subsequent proceedings were not 'closely related' to the original proceedings.
DisputesDavid Berkery, partner in the Aviation & Transport Finance department looks at recent structural developments in aircraft ABS transactions including the increased liquidity of E-notes and co-issuer structures.
Aviation & Transport FinanceOn the domestic front, Central Bank of Ireland (CBI) personnel addressed the capital requirements and the sustained risks of non-performing loans (NPLs), while publications included the 2018 Macro Financial Review...
Financial RegulationThis month was comparatively quiet. The CBI released a Markets Update for Fund Management Company Directors and the European Securities and Markets Authority (ESMA) held a supervisors' workshop in closet indexing.
Financial RegulationHome developments include the European Union (Insurance Distribution) Regulations 2018 being published and the CBI consulting on changes to domestic actuarial regime and related governance requirements. From the European side, developments include the European Insurance and Occupational Pensions Authority (EIOPA) calling on supervisors to remind insurers of their duty to advise customers....
Financial RegulationHome developments included a speech by the CBI head of Securities and Markets Supervision focusing on conduct. From the European side, the ESMA's restriction of binary options and CFDs was published and the Commission proposed a Regulation on sovereign bond-backed securities. The ESMA also released a report on supervisory measures and penalties under EMIR and the Commission enacted...
Financial RegulationThis month saw Bills on a variety of issues, from money laundering to gender pay gap reporting, moving through the legislative process. Governor Lane explained the CBI's view on the regulation of credit servicing firms and the Office of the Director for Corporate Enforcement (ODCE) published its annual report. European developments focused on cybersecurity and data privacy....
Financial RegulationThe impact of the EU Package Travel Directive will be felt by all businesses in the travel sector but particularly by online businesses facilitating the combination of travel services through the new concept of 'linked travel arrangements'.
EU, Competition & ProcurementThe question of employment status, continues to concern many employers working within todays gig economy. The UK Supreme Court recently provided guidance on the correct label to be bestowed on gig economy workers. We examine recent UK cases in detail and look at Irelands current approach to the status of workers with new and diverse working arrangements.
EmploymentDeadlines, Central Bank Markets Updates, Irish Funds MiFID II Q&A, 2018 Annual FATCA and DAC2-CRS Reporting
Asset Management & Investment FundsESMA speech. ESMA work on closet index tracking, ESMA Annual Report and AML/CTF.
Asset Management & Investment Funds
