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Legal Updates & Insights

  • Article

    ​​​​​​​Sentencing in fatal accident health and safety cases: is €1m the current default position?

    Ireland, unlike England and Wales, does not have sentencing guidance relative to health and safety offences.  Having said that, there are quite a number of Court decisions that provide useful guidance, including the decision of the Court of Appeal on 6 April 2017 in DPP v Kilsaran Concrete Ltd.  

    Environmental & Planning
  • Article

    Courts Consider “Unfair Contract Terms” Arguments in Loan Cases

    The issue of unfair contract terms in loan contracts, and the extent of the obligation on a Court to examine this issue without it being raised by the parties, is continuing to be a feature in financial litigation. 

    Disputes
  • Article

    Duty to Reasonably Accommodate Disabled Employees: Court of Appeal clarifies the law

    The Court of Appeal recently delivered judgment in a long running disability discrimination case which is noteworthy from an employer's perspective. The judgment brings clarity to the law on the extent of an employer's statutory duty to reasonably accommodate disabled employees.

    Employment
  • Article

    Intoxicating Liquor (Amendment) Act 2018

    The Intoxicating Liquor (Amendment) Act 2018 was signed into law by President Higgins on 31 January 2018.

    Betting, Gaming & Licensing
  • Article

    Financial Services Regulation & Compliance - Cross Sectoral Jan 2018

    From a domestic perspective, the European Union (Payment Services) Regulations 2018 were implemented, transposing PSD2 into Irish law. The Central Bank updated the application forms for firms seeking authorisation and also issued a number of guidance notes. On a European level, The ESAs published Final Guidelines under Articles 17 and 18(4) of the Fourth Money Laundering Directive.

    Financial Regulation
  • Article

    Financial Services Regulation & Compliance - Investment Firms Jan 2018

    At a domestic level, the Central Bank published the 4th edition of its investment firms questions and answers in line with the implementation of MiFID II and MiFIR. From a European perspective, MiFID II and MiFIR related activity also dominated with ESMA issuing a number of updates in connection with the transposition of the legislation.

    Financial Regulation
  • Article

    Financial Services Regulation & Compliance - Insurance Jan 2018

    From a domestic perspective, the Central Bank issued new quarterly statistics; the Cost of Insurance Working Group published report on employer and public liability insurance. On the European front, EIOPA published a report on group supervision and also consulted on draft regulatory standards concerning professional indemnity insurance under the Insurance Distribution Directive.

    Financial Regulation
  • Article

    Financial Services Regulation & Compliance - Funds Jan 2018

    This month the Central Bank published the twenty-eighth Edition of AIFMD Q&A and the twenty-second edition of UCITS Q&A. On the European front, the European Commission published a roadmap relating to a delegated act under the MMFR.

    Financial Regulation
  • Article

    Financial Services Regulation & Compliance - Banking Jan 2018

    On a domestic front, the main update this month is that the Central Bank has issued Irish its responses to the January 2018 Bank Lending Survey. From a European perspective, the EBA has updated its Single Rulebook in relation to CRR and BRRD and has also published its final guidelines on disclosure requirements of IFRS 9.

    Financial Regulation
  • Article

    Welcome change to Central Bank rules for Loan Originating Qualifying Investor AIFs

    The Central Bank of Ireland (Central Bank) announced its intention to broaden the scope of what a Loan Originating Qualifying Investor AIF (LO-QIAIF) may invest in to include "investment in debt/credit instruments".

    Asset Management & Investment Funds
  • Article

    Manual Handling and Safe Systems of Work - Key Issues for Employers

    Manual Handling and Safe Systems of Work: Key Issues for Employers

    Environmental & Planning
  • article

    Data Protection Bill 2018 published

    The Irish Government has published the eagerly awaited Data Protection Bill 2018.

    Technology