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Legal Updates & Insights

  • Article

    Ireland and Private Actions - The EU Damages Directive

    Alan McCarthy discusses the EU Damages Directive (Directive) (signed into law in the EU on 26 November 2014). The primary aim of the Directive is to make it easier for businesses and individuals to claim for compensation when they have been victims of a breach of EU competition law. Ireland (as well as all other Member States) have until 27 December 2016 to implement the Directive into national la

    EU, Competition & Procurement
  • Article

    FSO’s Decision that Claim Was Time Barred Upheld by High Court

    In Stowe & anor v Financial Services Ombudsman [2016] IEHC 199, High Court, Twomey J, 18 April 2016 Mr and Mrs Stowe sought to set aside a decision of the Financial Services Ombudsman (FSO), rejecting their complaint against the EBS.

    Financial Regulation
  • Article

    Procurement Directives transposed into Irish Law

    On 5 May 2016 the European Union (Award of Public Authority Contracts) Regulations 2016 and the European Union (Award of Contracts by Utility Undertakings) Regulations 2016 were published.

    EU, Competition & Procurement
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    On the Domestic Front: Central Bank of Ireland publishes 2015 Annual Report and Annual Performance Statement for Financial Regulation; Central Bank of Ireland announces Findings of Thematic Inspection on Debt Management Sector on Consumer Protection Code

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Global Exchange Market set up under MiFID will now include listing of investment funds On the EU Front: European Supervisory Authorities propose Regulatory Technical Standards on Key Information Documents for Packaged Retail and Insurance-based Investment Products The EU Commission takes stock six months into the formation of the Capital Markets Union

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Irish UCITS Regulations implement UCITS V On the EU Front: EU Commission focus on fund passporting

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: Central Bank of Ireland announces appointment of Director of Credit Institutions Supervision; Central Bank of Ireland updates consumers on its examination of Tracker Mortgage issues On the EU Front: European Central Bank Annual Report 2015 is presented to the EU Parliament's Committee on Economic and Monetary Affairs

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: Central Bank of Ireland publishes information on insurance supervisory objectives and process On the EU Front: European Insurance and Occupational Pensions Authority publishes preparatory guidelines on product oversight and governance

    Finance
  • Article

    Non-compliance with condition precedent in insurance policy resulted in refusal of cover

    In Kelly Builders (Rosemount) Ltd v HCC Underwriting Agency Ltd [2016] IEHC 72, Murphy J, 1 February, 2016, the plaintiff sought an order for specific performance of an insurance contract together with a declaration that it was entitled to an indemnity in respect of its liability for loss and damage sustained following a fire at NUI, Maynooth.

    Disputes
  • Article

    The Spent Convictions Regime – “forgive and forget”

    Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (the "Spent Convictions Act")

    Pensions & Incentives
  • Article

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

    On the Domestic Front, we look at Deadlines and research on consumer complaints handling in regulated firms.

    Asset Management & Investment Funds
  • Article

    The Front Page, Asset Management & Investment Funds: EU & International Developments

    On the International Front we look at UCITS share classes, loan origination by investment funds, the ESMA Q&A on the application of UCITS Directive, the ESMA Q&A on the application of AIFMD, Data Protection, the PRIIPs Regulation, AML / CTF and the Fourth Anti-Money Laundering Directive and EU Commission focus on Fund Passporting, EMIR and Reporting challenges.

    Asset Management & Investment Funds