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Legal Updates & Insights

  • article

    Financial Services Regulation and Compliance - Cross Sectoral and Other July 2023

    Domestically, the CBI has issued a dear CEO letter reminding high-cost credit providers of their AML / CFT obligations, as well as issuing a letter to the chairs of trading venues regarding their trade surveillance obligations under MAR. At European level, the European Commission has adopted the European Sustainability Reporting Standards.

    Financial Regulation
  • article

    Financial Services Regulation and Compliance - Insurance July 2023

    Domestically, amendments to the Occupiers’ Liability Act 1995 under the Courts and Civil Law (Miscellaneous) Act 2023 become law. At European level, EIOPA published a report on National Competent Authorities’ supervision of the application of product oversight and governance requirements.

    Finance
  • article

    Financial Services Regulation and Compliance - Funds July 2023

    Domestically, the CBI has published a discussion paper on macroprudential policy for investment funds and is seeking feedback via a public consultation. At European level, the European Parliament and the Council have reached provisional political agreement on reform of the AIFMD and UCITS directive.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Banking and Payments July 2023

    Domestically, the Department of Finance has published the results of its consultation under the Credit Servicers Directive. At European level, the ECB has announced forthcoming changes to the TIPS pricing structure.

    Finance
  • article

    Financial Services Regulation and Compliance - Investment Firms July 2023

    Domestically, a statutory instrument recognising the status of dematerialised securities under Irish company law has been passed. At European level, the European Parliament and the Council have reached provisional political agreement on reforms enhancing market data transparency under MiFIR and MiFID.

    Asset Management & Investment Funds
  • article

    Court of Appeal considers a supplier’s duty to provide adequate information on the use of equipment

    On 28 July 2023, the Court of Appeal gave its judgment in The People (DPP) v Palfinger Ireland Limited [2023] IECA 217. The Court reviewed the sentence imposed by Limerick Circuit Court in October 2022. Read more here.

    Health & Safety
  • publication

    Sustainability reporting standards series | Part 4 – ESRS adopted by European Commission

    In our fourth instalment of the Sustainability reporting standards series, it follows the recent adoption of the ESRS by the European Commission. We take a look at the key changes made by the European Commission to the version of the ESRS published by EFRAG in November 2022.

    ESG & Sustainability
  • article

    Examinership extended to company incorporated outside Ireland

    Mac Interiors Limited (the Company), a Northern Ireland-incorporated company, has become the first company incorporated outside the Irish State (and the EU) to have an examiner appointed under the examinership regime provided for in section 509 of the Companies Act 2014 (the 2014 Act).

    Corporate & M&A
  • article

    UK Supreme Court clarifies the scope of the ‘Quincecare duty’

    On 12 July 2023, the UK Supreme Court delivered its much-anticipated judgment in Philipp v Barclays Bank UK PLC[1], ruling unanimously in favour of Barclays Bank UK PLC (the Bank), and providing clarity on the ‘Quincecare duty’.[2] 

    Disputes
  • article

    Kraken Customer Crypto case: English Courts refuse to enforce arbitration award on public policy grounds

    The English Commercial Court (the Court) has refused an application under section 101 of the Arbitration Act 1996 to enforce a JAMS[1] arbitration award issued by a tribunal seated in California.

    Disputes
  • article

    Moving the dial on third party litigation funding? Law Reform Commission publishes consultation paper

    On 17 July 2023, the Law Reform Commission (LRC) published a consultation paper (the paper) on “Third-Party Litigation Funding” inviting submissions from all interested parties by 3 November 2023.

    Disputes
  • article

    Litigation funding spotlight in Ireland - the insurance dimension

    The Law Reform Commission has very recently published a lengthy consultation paper on legalisation and regulation of third-party litigation funding in Ireland.

    Insurance & Reinsurance