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Legal Updates & Insights

  • article

    High Court re-affirms law regarding tenants who claim entitlement to remain in possession under a lease granted without lender consent

    National Asset Loan Management Ltd v Southlodge Inns Ltd [2015] IEHC 109 is the latest in a line of cases confirming the position originally laid down in ICC v Verling & Ors. [1995] 1 ILRM 123 that a lease granted by a borrower without the consent of its lender (as stipulated by the mortgage deed) is void as against the lender and cannot inhibit the lender in invoking its right to enforce the secu

    Commercial Property
  • article

    The Beneficial Ownership Regulations 2016

    The European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2016 came into operation on 15 November 2016.

    Asset Management & Investment Funds
  • Article

    OGP publishes new Public Procurement Guidelines and updated Template Documents

    On 5 July 2017, the Office of Government Procurement (OGP) published a new set of guidelines on the procurement of goods and services (the Guidelines). The Guidelines, available here, are primarily intended as guidance for public bodies but also provide a toolkit for suppliers and practitioners.

    EU, Competition & Procurement
  • Article

    Microsoft Wins Landmark US Appeal Against Search Warrant for Emails Stored in Ireland

    The US Second Circuit Court of Appeals, overturning an earlier court ruling from a lower court, has held that the US Government cannot compel Microsoft to hand over emails stored on a server in Dublin in a narcotics case.

    Privacy & Data Security
  • Article

    Competition Law Post-Brexit: The Competition Law Dimension

    Dr Vincent Power, Partner, A&L Goodbody gives a preliminary assessment of the impact of Brexit on Competition Law.

    Brexit
  • Article

    Arguable that Bank on Notice of Undue Influence

    In ACC Bank plc v Walsh & Anor [2017] IECA 166 both husband and wife defendants appealed a High Court order for summary judgment however, only Mrs Walsh appeared at the appeal when she told the Court that the defendants had separated in November 2006.

    Disputes
  • Article

    Successfully Expanding Overseas: Structuring Your Overseas Business

    As an Irish lawyer based in Silicon Valley, I regularly speak to fast-growing companies that are entering into new international markets for the first time. Companies frequently ask me to advise on the best way to structure their overseas business.

    Corporate & M&A
  • Article

    Ireland’s Competition and Consumer Protection Commission launches a study into Personal Contract Plan (PCP) Financing in the Motor Sector

    On 17 July 2017, Ireland's Competition and Consumer Protection Commission ("CCPC") announced that it has launched a study into the Personal Contract Plan ("PCP") in the motor sector. A PCP is a form of hire purchase used in the motor sector. It has become very popular across the Irish motor sector and is now regarded by many as the primary method of finance offered by dealers.

    EU, Competition & Procurement
  • Article

    Environmental Protection Agency Industrial and Waste Licence Enforcement Report 2016

    In July 2017, the Environmental Protection Agency ('EPA') produced its 2016 Enforcement Report. A few key points are particularly worth noting.

    Environmental & Planning
  • Article

    Case Commentary: What is required of An Bord Pleanála in giving ‘reasons’ for EIA and AA decisions after Connolly?

    In this case commentary, Alison Fanagan, Consultant in Environmental law, considers the decision of Barrett J in the High Court of Connolly v An Bord Pleanála (14 June 2016), and in particular, what implications the decision may have for An Bord Pleanála (and other competent authorities) in formulating decisions relative to proposed developments that involve Environmental Impact Assessment (EIA) a

    Environmental & Planning
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: CCPC publishes its Mortgages Options Paper; Central Bank launches a Consultation in order to update their 2014 Implementation Notice in relation to the exercise of Options and Discretions arising from the CRD Regulations and CRR. On the EU Front: EBA publishes its Annual Report for 2016; EBA updates final guidelines on Disclosure Requirements pursuant to the CRR.

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Central Bank publishes revised guidance on Share Classes and updated Central Bank UCITS Questions and Answers. On the EU Front: Money Market Funds Regulation published in the Official Journal; Commission addresses cross-border distribution and supervision of UCITS and AIFs.

    Asset Management & Investment Funds