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Legal Updates & Insights

  • 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
  • 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