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Legal Updates & Insights

  • Article

    Irish court grants Order to discharge International Registry registrations following novel application of Article 44(1) Cape Town Convention

    Our client, a US aircraft lessor, had contracted to sell an aircraft and related engines. However, the purchaser indicated that it would not complete the purchase, unless a series of international interests registered in the International Registry against the Aircraft, in respect of a long expired sublease, were discharged

    Aviation & Transport Finance
  • Article

    High Court Rejects Proposal to Warehouse Mortgage

    In a High Court decision of 22 May 2017, Baker J rejected a proposal by a secured lender to write down a portion of a debtor couple's mortgage debt. This proposal was rejected because future repayment of the warehoused part of the loan was not predicated on an ability to repay and the proposal was therefore capable of creating circumstances amounting to insolvency at the end of the mortgage term.

    Restructuring & Insolvency
  • Article

    Court of Appeal Breathes Much Needed Life into the Offer of Amends Procedure

    The Offer of Amends procedure is designed to provide parties in a defamation dispute with a fast track resolution process; encouraging earlier and more cost effective settlements

    Disputes
  • Article

    Supreme Court says Third Party Funding a Matter for the Legislature

    The Supreme Court today (23 May 2017), by a majority of four to one, upheld a High Court ruling which found that commercial funding of the litigation in Persona Digital Telephony Ltd & anor v The Minister for Public Enterprise, Ireland & ors would amount to maintenance and champerty and was prohibited by law. The Supreme Court observed that issues surrounding litigation funding were complex matter

    Disputes
  • Article

    FinTech in Ireland 2017

    Claire Morrissey, IP & Technology Partner and Peter Walker, Banking & Finance Partner, outline the current laws and regulations relating to FinTech in Ireland. First published in The International Comparative Legal Guide (ICLG) to: FinTech 2017 by Global Legal Group Ltd.

    Commercial & Technology
  • Article

    When a bet’s not a bet in Ireland

    In a recent decision by the Circuit Court in Ireland, it was held there is no legal guarantee under Irish law that gamblers will be paid their winnings as the applicable legislative regime in Ireland, the Gaming and Lotteries Act 1956 ("the 1956 Act"), prohibits the enforcement of gambling contracts. Joe Kelly, Partner, and Head of Gaming & Betting, discusses the wider implications of this court d

    Betting, Gaming & Licensing
  • Article

    Likely Filing Deadline of 26 September 2017 for the Central Beneficial Ownership Register for Companies and Industrial and Provident Societies

    A central register of beneficial ownership of corporate and other legal entities is required by the 4th EU Anti-Money Laundering Directive.

    Asset Management & Investment Funds
  • Article

    General Scheme of Data Protection Bill 2017 Published

    The Department of Justice has published the General Scheme of the Data Protection Bill 2017. This Bill is designed to give effect to, and provide for derogations from, the General Data Protection Regulation (GDPR).

    Commercial & Technology
  • Article

    Time Limits to Complain to Financial Services and Pensions Ombudsman to be Extended

    The Financial Services and Pensions Ombudsman Bill 2017 was published on 10 May 2017. The purpose of the Bill is to amalgamate the offices of the Financial Services Ombudsman and Pensions Ombudsman and to consolidate and update existing legislation. More importantly, the Bill provides for an extension of the time limits to bring complaints to the Ombudsman in respect of pension products and longer

    Financial Regulation
  • Article

    Reasonable Accommodation - What’s Reasonable?

    A recent determination (ADJ – 00000557) from the Workplace Relations Commission (the WRC) provides further insight and guidance for employers on the scope of their duty to reasonably accommodate a disabled employee.

    Employment
  • Article

    Companies (Accounting) Bill 2016 passed by both Houses of the Oireachtas: enactment is imminent

    Further to our recent bulletins on the Companies (Accounting) Bill 2016, which will amend the Companies Act 2014, the Bill was passed by Seanad Eireann (having previously been passed by Dáil Eireann) on 9 May 2017.

    Corporate Governance & Compliance
  • article

    Ireland adopts the Alternative A Insolvency Remedy under the Cape Town Convention

    The Irish Government has signed an Order giving the Cape Town Convention Alternative A insolvency remedy force of law in Ireland.

    Aviation & Transport Finance