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Legal Updates & Insights

  • Article

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

    In Irish practice developments: Some Approaching Deadlines; the new AIF Rulebook, Central Bank AIFMD Q&A, Feedback Statement on CP105: Amendment to UCITS Regulations, address by Gerry Cross (Central Bank Director of Policy & Risk)...

    Asset Management & Investment Funds
  • Article

    Liquidator ordered to provide time sheets in fees application

    This case concerned an application by the official liquidator of a Company for final orders including an order determining the applicant's remuneration in the sum of €558,750.76.

    Disputes
  • Article

    The Gig Economy: update following the CitySprint decision in the UK

    A cycle courier in the UK has been successful in arguing before a UK Employment Tribunal that she is entitled to 'worker' status for the purposes of the relevant UK legislation, despite the courier's contention that she was an independent contractor.

    Employment
  • Article

    Irish Competition Agency’s Ticketing Investigation

    On 26 January 2017, Ireland's Competition and Consumer Protection Commission (or CCPC) announced that it has commenced an investigation into suspected breaches of competition law in relation to the provision of tickets and the operation of ticketing services for live events.

    EU, Competition & Procurement
  • Article

    Student Transport Scheme Ltd v Minister for Education and Skills

    In Student Transport Scheme Ltd ("STS") v Minister for Education and Skills, the Court of Appeal (the "Court") dismissed STS's appeal finding that the arrangement between the Minister for Education and Skills (the "Minister") and Bus Éireann for the supply of the school transport services was not a contract concluded in writing for the purpose of the EU procurement rules

    EU, Competition & Procurement
  • Article

    Copymoore Limited and others v Commissioners for Public Works Ireland

    Copymoore Limited and others v Commissioners for Public Works Ireland [2016] IEHC 709, judgment of McDermott J delivered on 11 November 2016 On 31 January 2013, the respondents issued a Request for Tenders ("RFT") through the National Procurement Service ("NPS") for a multi-supplier framework agreement for the supply of "monochrome and colour multi-function devices" ("the Framework Agreement").

    EU, Competition & Procurement
  • Article

    The Use of Mandatory Retirement Ages – Update from the A&L Goodbody Employment Team

    Following the Irish Ferries case which we reported on (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 Equality Officer in this case.

    Pensions & Incentives
  • Article

    Trade Associations’ statements need to comply with Competition Law

    On 20 January 2017, Ireland's Competition and Consumer Protection Commission ("CCPC") announced that it had concluded its investigation into an association of landlords which had issued a statement about proposed Government legislation.

    EU, Competition & Procurement
  • Article

    How to prepare for the new EU General Data Protection Regulation in the Healthcare sector

    The General Data Protection Regulations (GDPR) will come into force on 25 May 2018. All Hospitals, Healthcare Organisations (HCOs) and Healthcare Practitioners (HCPs), as data controllers and processors must comply with the new law by this date. Cliona Christle, joint Head of the Firm’s Life Sciences and Healthcare Group highlights,, some of the main changes and obligations for organisations as da

    GDPR
  • Article

    RPS Consulting Engineers Limited v Kildare County Council, judgment of Humphreys J. of 15 February 2016

    In RPS Consulting Engineers Limited ("RPS") v Kildare County Council (the "Council"), the High Court found that the Council had a legal obligation to provide RPS, an unsuccessful tenderer, with reasons that have been individually considered and formulated so as to clearly specify the relative advantages of the winning tenderer over RPS.

    EU, Competition & Procurement
  • 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