In a recent case, Murray v Budds & ors [2017] IESC 4 the Supreme Court reviewed the law concerning recovery of damages for non-pecuniary loss (i.e. emotional distress) for breach of contract.
Commercial ContractsIn Carrefour Hypermarchés SAS v ITM (Case C-562/15) the Court of Justice of the EU (CJEU) ruled that comparative advertising based on prices of products sold in shops having different formats and sizes is liable to be unlawful and misleading, unless consumers are informed clearly in the advertisement itself of the difference in the formats and sizes of the shops.
Commercial ContractsOn the International Front we look at the EU Commission consultation on the Capital Markets Union Mid-Term Review; the ESMA supervisory convergence work programme for 2017...
Asset Management & Investment FundsIn Irish practice developments: Some Approaching Deadlines; Central Bank update of its EMIR Q&A in respect of the 1 March 2017 deadline for exchange of variation margin; 2 speeches by Michael Hodson; Central Bank Director of Asset Management Supervision...
Asset Management & Investment FundsDoes the recent ESMA Opinion on Share Classes have direct application to Irish authorised UCITS?
Asset Management & Investment FundsKeeping People in their Homes Bill 2017 is a private members bill and was presented to the Dail last Thursday by a member of the Independent Alliance.
DisputesAddressing the annual Competition Law and Transport Conference in Amsterdam recently, EU Law expert and Partner in A&L Goodbody, Dr Vincent Power, called for State Aid to be a key consideration in the forthcoming Brexit negotiations.
BrexitIn two recent decisions the High Court considered the provisions of Section 115A(9) of the Personal Insolvency Acts 2012 to 2015 (The Acts). The Section provides that a Court can give effect to a Personal Insolvency Arrangement (PIA) despite it having been rejected by creditors.
FinanceBackground Judicial review proceedings are governed by Order 84 of the Rules of the Superior Courts. Order 84, Rule 22 (5) states: "(5) It shall not be sufficient for a respondent in his statement of opposition to deny generally the grounds alleged by the statement grounding the application, but the respondent should state precisely each ground of opposition, giving particulars where appropriate
In Delaney v AIB [2016] IECA 5, Court of Appeal, Peart J, 28 January 2016 the Court of Appeal held that a bank had no duty of care to advise customers on the wisdom of a commercial transaction.
FinanceSpeaking at the recent Waste Management Ireland Conference, Alison Fanagan, joint head of the environment and planning group at A&L Goodbody, addressed four issues.
Environmental & PlanningThe Court of Appeal recently dismissed a judicial review application against the Secretary of State for the Home Department's (SSHD) decision to revoke and subsequently maintain the revocation of the appellant's Tier 2 Sponsor License. The Secretary of State's decision to terminate the license was predicated on the appellant's numerous failings in its obligation to comply with UK Visa...
Belfast