The Supreme Court, in Kelly v The Information Commissioner [2016] IESCDET 23, has granted Mr Kelly leave to appeal from the decision of the Court of Appeal delivered on 30 November 2015, that that there is no statutory right of appeal against a discontinuance of a review by the Information Commissioner (IC).
DisputesThe Employment Appeal Tribunal (EAT) has today released its eagerly anticipated decision in the appeal of the case of Lock v British Gas. The EAT has rejected the appeal of British Gas, and as such, have found that commission payments should be included in holiday pay.
EmploymentIn McKillen v Information Commissioner [2016] IEHC 27 the High Court dismissed an appeal against a decision of the Information Commissioner (the IC). This is an interesting decision which considers the scope of an appeal against a decision of the IC and the use of FOI versus Discovery as a litigation tool.
DisputesAll Transfers of Value (ToV) from 2015 must be disclosed publicly via the Irish Pharmaceutical Healthcare Association (IPHA) central reporting system by 1 July 2016. This relates to all ToVs that were made by pharmaceutical companies to Healthcare Providers (HCPs) and Healthcare Organisations (HCOs) in connection with the development and sale of prescription only medicinal products for human use.
Hospitals & HealthcareOn 23 July 2015 the European Securities and Markets Authority (ESMA) published a consultation paper in respect of its guidelines on sound remuneration policies under the UCITS Directive and AIFMD (the CP). This consultation closed in October 2015.
Asset Management & Investment FundsWhile executives are very familiar with the concept of securing merger control approval for the acquisition of companies, there are situations where the acquisition of assets (such as property) may require prior approval by the competition agencies.
EU, Competition & ProcurementEuropean Court hands down preliminary ruling on anti-competitive concerted practices in the context of online selling platforms - Case C‑ 74/14, Eturas and Others.
Commercial & TechnologyIrish defamation claims must be brought quickly or they will become time barred. Proceedings must be issued within a year of the publication of the defamatory statement. In "exceptional circumstances" this period can be extended to two years.
DisputesCommissioner Dixon gave a report on the work of the Office of the Data Protection Commissioner (ODPC) for the year 2015, and outlined the priorities of her office for 2016 in a presentation to delegates attending the National Data Protection Conference
Commercial & TechnologyOn 1 February 2016, the European Securities and Markets Authority (ESMA) published a new Q&A document on the application of the UCITS Directive, as most recently revised by UCITS V.
Asset Management & Investment FundsOn the Domestic Front: Items including the following - Finance (Tax Appeals) Act 2015 is signed by the President – not yet commenced - Credit Union regulations imposing a limit on individual members' savings are now in force - Central Bank of Ireland publishes the first Quarterly Bulletin for 2016.
FinanceOn the Domestic Front: The Central Bank published issue 9 of 2015 of its Markets Update. On the EU Front: European Commission publishes letter to ESMA on application of AIFMD passport.
Finance