Legal Updates & Insights: P2348 -A&L Goodbody LLP

Legal Updates & Insights

  • Article

    Principal Shareholder of Company refused permission to legally represent Company in High Court Proceedings

    The High Court in a recent decision has made it clear that only in exceptional circumstances will it exercise its discretion to allow a shareholder to represent a company in legal proceedings.

    Disputes
  • Article

    Recent disability discrimination case highlights delay in considering reasonable accommodation

    A retailer has been ordered to pay €14,000 to a claimant after the Equality Tribunal held that it had failed to provide reasonable accommodation to the claimant salesman who went on sick leave due to deteriorating eyesight (Alistair Clews v DSG Retail (DEC-E2014-081).

    Pensions & Incentives
  • Article

    High Court orders UPC to take action against illegal downloaders

    The Commercial Court has delivered a ruling which will have significant implications for music companies and ISPs, in regard to illegal downloading.

    Commercial & Technology
  • Article

    CASE OF THE MONTH: Allegation of oppression of minority shareholder rejected by the High Court

    In Hamill -v- Vantage Resources Limited & Anor [2015] IEHC 195, High Court, Binchy J, 20 March 2015 the petitioner claimed that he had been oppressed as a minority shareholder and that there had been a disregard of his interests as a member of the Company under Section 205 of the Companies Act 1963.

    Disputes
  • Article

    Recent EAT Case on Dismissal on Grounds of Incapacity

    A recent case from the Employment Appeals Tribunal (EAT) provides a useful reminder for employers of the procedures to follow when a dismissal on grounds of incapacity is being considered.⃰ The EAT directed an award of €17,500 to the claimant after finding she had been unfairly dismissed when the company failed to follow its own procedures and breached the requirements of natural justice.

    Employment
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    CBI publishes various reporting requirements for MiFID investment firms, CBI first review of debt management firms, Statement on external review CBI Consumer Protection function, publishes Schedule of Dates for the receipt of supervisory data for 2015, Fitness and Probity 2015 Regulations for Credit Union

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    The ICAV, Central Bank (Supervision and Enforcement) Act 2013 (s48(1) Investor Money Regulations 2015 for Fund Services Providers (SI 105 of 2015) was signed by Deputy Governor (Financial Regulation) Cyril Roux on 25 March 2015, MMF Regulation, ESMA AIFMD Q&A,ESMA KIID Q&A, ELTIFs, Shadow Banking Consultation (all MMFs and AIFs in scope), Conflicts of interest

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    Supervision and Enforcement Act 2013, Client Asset Regulations 2015 for Investment Firms signed, European Securities and Markets Authority (ESMA) enters into a Memorandum of Understanding with Reserve Bank of Australia (RBA) regarding trading repositories, MAS, CCPS, NCAS, RTS, clearing obligations on interest rate swaps

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    CBI publishes introductory statement by Governor Patrick Honohan at the Oireachtas Banking Enquiry, European Banking Authority (EBA) publishes benchmarking package, EBA requirements for business reorganisation plans, EBA resolution procedures for EU banks

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    CBI Solvency II Information Notes, reserving requirements, non-life insurers, reinsurers, Solvency II newsletter, Competition and Consumer Protection Commission, motor survey, Insurance Ireland Annual Report published, CIRs, ITS, EIOPA review, Commission Delegated Regulation, equity capital charge, ITS guidelines, risk dashboard, ESAs ITS, PRIIPs, product intervention powers, IAIS consultation...

    Finance
  • Article

    The Front Page, Asset Management & Investment Funds: Irish Practice Developments

    On the Domestic Front, we look at, the ICAV, FATCA, Central Bank Markets Update, a speech by the Central Bank Director of Markets Supervision, Central Bank Reporting Requirements and the Irish Government Strategy for Irish Financial Services, Client Asset Regulations, Investor Money Regulations and Companies Act 2014.

    Asset Management & Investment Funds
  • Article

    The Front Page, Asset Management & Investment Funds: EU & International Developments

    On the International Front, we look at the MMF Regulation, ESMA AIFMD Q&A, ESMA KIID Q&A, ESMA guidelines and technical standards, ELTIFs, Capital Markets Union, Anti- Money Laundering and Countering the Financing of Terrorism, Shadow Banking Consultation (all MMFs and AIFs in scope), Market Abuse and Inside Information, Conflicts of Interest, ESMA Risk Dashboard, ESMA Regulatory Work programme an

    Asset Management & Investment Funds