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Legal Updates & Insights

  • article

    Government plans to increase fines for illegal working

    The Home Secretary recently announced plans to increase fines for employers and landlords who facilitate illegal migrants to live and work in the UK.

    Belfast
  • article

    CCPC Issues New Guidance in Anticipation of Commencement of Competition (Amendment) Act 2022

    The Competition (Amendment) Act 2022 (Act) is a landmark statute which will introduce significant changes to the Irish competition law regime, including the ability for civil fines to be imposed in respect of breaches of competition law, an updated leniency regime and amended merger control provisions.

    EU, Competition & Procurement
  • article

    Defective concrete products levy reminder

    On 15 December 2022, the Finance Act 2022 (the Act) was signed into law. In doing so it introduced the Defective Concrete Products Levy (DCPL). The Government introduced the DCPL to fund the redress scheme for homeowners affected by defective concrete products used in the building of homes.

    Construction
  • article

    Big data: A big opportunity for insurers, but what about customer ethics?

    The use of big data and artificial intelligence is rapidly increasing in the insurance sector, both in Ireland and beyond. While data has always been collected and processed by insurers to inform underwriting decisions and pricing, the way in which data collected is combined and assessed to generate information and predictions about consumers’ characteristics, behaviours has evolved.

    Insurance & Reinsurance
  • article

    The forum for challenges to an adjudicator’s jurisdiction

    On 17 August 2023, the Irish High Court delivered judgment in K&J Townmore Construction Limited v Keogh [2023] IEHC 509. The key question for the court was whether a challenge to an adjudicator’s jurisdiction should take place before the adjudication process, by way of judicial review, or after the adjudication process, by way of enforcement proceedings under the Construction Contracts Act 2013.

    Construction
  • article

    Northern Ireland Climate Change Act - one year on

    The last item of business before the collapse of the Stormont executive last year was the passing of the Climate Change (Northern Ireland) Act 2022. The act came into force in the summer of 2022 and set out a pathway for Northern Ireland to decarbonise. We consider where Northern Ireland is one year on. Read more here.

    Belfast
  • publication

    New screening of Foreign Direct Investment regime in Ireland, key considerations for private equity sponsors

    This article explores the key considerations of the incoming regime for private equity deals in Ireland, with a particular focus on practical implications for sponsors considering transacting in Ireland.

    Corporate & M&A
  • article

    Adjudication: an iterative process?

    On 11 August 2023, the Irish High Court delivered judgment enforcing two adjudicator’s decisions in DNCF Ltd. v Genus Homes Ltd. Central to the judgment is a consideration of whether an adjudicator is under a positive obligation to request further and better particulars in relation to the positions advanced by the parties.

    Construction
  • 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