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Legal Updates & Insights

  • Article

    Summary Judgment Refused Where Original Bank Mandate Could Not be Found

    In Allied Irish Bank Plc v O'Donovan & anor [2017] IEHC 494, High Court, Eagar J, 27 July 2017 AIB sought summary judgment against the defendants, who were formerly partners in a law firm.

    Finance
  • article

    Investor Opportunities: China Stock Connect

    Elaine Keane, Asset Management & Investment Funds Partner and Shane Coveney Asset Management & Investment Funds Associate look at the revision and extension of China’s Stock Connect scheme which presents a significant opportunity for investors to establish and use Irish domiciled funds to gain direct exposure to mainland China securities. This article was first published in the 2017 Asia Ireland B

    Asset Management & Investment Funds
  • Article

    Absence of Legal Representation Not a Ground for Appeal

    In Cronin v Tanager Ltd [2016] IEHC 803, High Court, Twomey J, 29 February 2016 the plaintiff appealed a Circuit Court order for possession of his family home granted to Bank of Scotland.

    Restructuring & Insolvency
  • Article

    FATF concludes that Ireland has a sound and substantially effective regime to tackle ML and TF, but could do more

    The FATF mutual evaluation report on Ireland concludes that Ireland has a sound and substantially effective regime to tackle money laundering and terrorist financing, but could do more. The Financial Action Task Force (FATF) published its Mutual Evaluation Report (MER) on Ireland following its assessment of Ireland’s anti-money laundering and counter-terrorist financing (AML/CFT) system.

    Financial Regulation
  • Article

    Ireland’s Competition and Consumer Protection Commission plans to commission Brexit Research

    Ireland's competition and consumer protection agency is the "Competition and Consumer Protection Commission" ("CCPC"). On 3 September 2017, the CCPC published its annual report for 2016.

    Brexit
  • Article

    Ireland’s Competition and Consumer Protection Commission publishes annual report

    Ireland's competition and consumer protection agency is the "Competition and Consumer Protection Commission" ("CCPC"). It began operations on 31 October 2014 after a long gestation over a number of years which involved the merger of the Competition Authority and the National Consumer Agency.

    EU, Competition & Procurement
  • article

    Employee email - back in the spotlight.  Employers cannot reduce private social life in the workplace to zero.

    The European Court of Human Rights (ECHR) delivered its most recent determination on the issue of employee privacy and email monitoring in the case of Barbulescu v Romania (Case 61496/08)

    Employment
  • Article

    Brexit European Commission Paper on Northern Ireland/Ireland

    On 7 September, the European Commission's Brexit Task Force published a paper on Northern Ireland.

    Brexit
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: MIFID II Regulations 2017 are published; Central Bank publishes an addendum to the Consumer Protection Code 2012. On the EU Front: ESMA issues final guidelines on data transfer between Trade Repositories authorised under EMIR; ESMA publishes its first three opinions on positions limits regarding commodity derivatives under MiFID II and MiFIR

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking Sept 2017

    On the Domestic Front: Central Bank publishes Consultation Paper proposing enhanced measures to aid mortgage switching; On the EU Front: European Central Bank publishes guidance on AnaCredit Validation Checks

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Central Bank UCITS (Amendment) Regulations 2017 are published; On the EU Front: ESAs publish updated guidance on the Key Information Document requirements for PRIIPs

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: Central Bank updates guidance on establishing an EEA branch of an insurance undertaking. On the EU Front: European Commission sets out standardised presentation format for IPIDs under IDD; Insurance Europe calls for further PRIIPs clarifications

    Finance