Legal Updates & Insights: P2160 -A&L Goodbody LLP

Legal Updates & Insights

  • Article

    Supreme Court grants leave to appeal in Kelly v Information Commissioner

    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).

    Disputes
  • Article

    EAT Decision Un-Locks Commission Payments

    The 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.

    Employment
  • Article

    High Court Upholds Decision of Information Commissioner Refusing Release of Documents from the Department of Finance

    In 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.

    Disputes
  • Article

    Transfers of Value go public on 1 July 2016

    All 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 & Healthcare
  • Article

    Detailed Analysis of UCITS Remuneration Provisions

    On 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 Funds
  • Article

    European Commission approves acquisition of Dundrum Town Centre Assets by Hammerson and Allianz

    While 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 & Procurement
  • Article

    Competition Law in the Online Environment

    European 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 & Technology
  • Article

    The Need for Speed - Analysing the time limit for defamation cases

    Irish 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.

    Disputes
  • Article

    Data Protection Commissioner outlines priorities for 2016 – National Data Protection Conference

    Commissioner 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 & Technology
  • Article

    ESMA Q&A gives detail on the timing of documentation updates for the remuneration and depositary requirements of UCITS V

    On 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 Funds
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    On 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.

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On 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