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Legal Updates & Insights

  • Article

    Powerteam Electrical Services Limited t/a Omexom v Electricity Supply Board [2016] IEHC 87, judgment of Costello J of 12 February 2016

    In Powerteam Electrical Services Limited ("Powerteam") v Electricity Supply Board ("ESB") the High Court granted an application for the lifting of an automatic suspension order. The Court applied the established Campus Oil principles holding that while damages would not be an adequate remedy for the applicant, the balance of convenience clearly favoured the lifting of the suspension.

    EU, Competition & Procurement
  • Article

    Restriction Orders Imposed on Directors Where Assets Transferred Between Companies

    In Leahy v Bailey & ors [2016] IEHC 592, High Court, Keane J, 28 October 2016, the liquidator sought a declaration of restriction against the three respondent directors pursuant to Section 819(1) of the Companies Act 2014.

    Corporate Governance & Compliance
  • Article

    Mandatory Retirement Ages - The Update

    Following the Irish Ferries case which we reported on (click here to recap), the Labour Court has issued its decision in Transdev Light Rail Limited v Michael Chrzanowski, in favour of an employer who enforced a mandatory retirement age of 65. The Labour Court affirmed the decision of the Ajudication Officer.

    Employment
  • Article

    BAM PPP PGGM Infrastructure Cooperative U.a. v National Treasury Management Agency and Minister for Education and Skills - 6 October 2016

    In BAM v the National Treasury Management Agency ("NTMA"), the High Court found that the NTMA had a power to accept and evaluate tender documents submitted after the tender deadline. This is the first case where the issue of late tenders has been considered in detail by an Irish court and the first case where an Irish court has ruled on the issue of late tenders in the context of a completely elec

    EU, Competition & Procurement
  • Article

    Word Perfect Translation Services Limited v The Commissioner of an Garda Síochána (Judgment of McGovern J. of 19 June 2015)

    In Word Perfect Translation Services Limited ("Word Perfect") v The Commissioner of an Garda Síochána (the "Commissioner"), the High Court held that Word Perfect's application for injunctive relief did not concern: (a) an alleged wrong taking place during the course of a procurement procedure; or (b) an application for review at the end of a procurement procedure.

    EU, Competition & Procurement
  • Article

    High Court declares certain dispositions after commencement of winding up void

    In MB Refrigeration and Air Conditioning Ltd (In Liquidation) v Allied Irish Banks Plc [2016] IEHC 753, High Court, Barrett J, 21 December 2016, the Liquidator of the plaintiff company sought a declaration that certain transactions between 13 August 2013 and 4 October 2013 on a particular AIB account, constituted dispositions of the property of the plaintiff made after the commencement of its wind

    Disputes
  • Article

    Ireland - Aviation Outlook for 2017

    Ireland leads the way as an aircraft leasing jurisdiction and new developments for 2017 will further strengthen Ireland’s position. Ireland is already one of the most popular jurisdictions for aircraft leasing due largely to the fact that Ireland’s fiscal regime offers substantial advantages to the aircraft leasing industry

    Aviation & Transport Finance
  • Article

    Ireland - Aviation Outlook for 2017

    Ireland leads the way as an aircraft leasing jurisdiction and new developments for 2017 will further strengthen Ireland’s position. Ireland is already one of the most popular jurisdictions for aircraft leasing due largely to the fact that Ireland’s fiscal regime offers substantial advantages to the aircraft leasing industry.

    Investing in Ireland
  • Article

    Regulatory Update: Senior Managers and Certification Regime

    2016 was certainly a year to remember in the financial services sector. With the implementation of the Senior Managers and Certification Regime (SM&CR) which came into effect in March 2016, financial institutions will no doubt be aware of the shift of responsibility from regulatory bodies to corporate organisations and; ultimately, to individuals in their personal capacity holding senior....

    Belfast
  • Article

    Action against Ireland for Failure to implement Concessions Directive

    On 8 December the European Commission sent a reasoned opinion to Ireland and 14 other Member States requesting them to fully transpose one or more of the three new directives on public procurement and concessions into national law (Directives 2014/23/EC, 2014/24/EC and 2014/25/EC).

    EU, Competition & Procurement
  • Article

    A Snapshot of Irish M&A

    Alan Casey, Resident Partner, New York provides an overview of the key factors that have been driving Ireland's M&A market and outlines future prospects for M&A activity.

    Corporate & M&A
  • Article

    Investment via Insurance Bond not an Insurance Contract

    In Governey v Financial Services Ombudsman [2016] IESC 78, Supreme Court, 21 December 2016 the Supreme Court considered whether an investment, made by Mr Governey in 2006 in "the Kennet Centre Geared Property Fund" (the Fund) was in fact an insurance contract.

    Disputes