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Legal Updates & Insights

  • Article

    The Case for Mediation

    The Commercial Court rules have, since its establishment, permitted the judge to adjourn proceedings so that the parties may consider whether the proceedings ought to be referred to a process of mediation, conciliation or arbitration.

    Disputes
  • Article

    Technology Assisted Review in e-Discovery Endorsed by the Irish Court of Appeal

    Following on from the recent decision of the English High Court's approving of the use of Predictive Coding in discovery the Irish Court of Appeal has now approved the use of Technology Assisted Review (TAR) in a discovery process.

    Disputes
  • Article

    The European Commission Releases EU-US Privacy Shield

    The European Commission has released the legal texts that will constitute the EU-US Privacy Shield which will replace the Safe Harbour framework, which was declared invalid by the Court of Justice (CJEU) last October.

    Privacy & Data Security
  • Article

    Cartels and Leniency Law in Ireland

    Dr Vincent Power, reviews policies and guidance in relation to cartels and leniency law in Ireland.

    EU, Competition & Procurement
  • Article

    Recent EAT Case on Unfair Dismissals and Criminal Convictions

    A recent Employment Appeals Tribunal (EAT) case has thrown into the spotlight the options open to an employer when an employee receives a criminal conviction for misconduct outside the work place⃰. In this case, the EAT found the dismissal to be fair. However the factors taken into account by the EAT highlight that a "one size fits all approach" cannot be applied to such cases.

    Employment
  • Article

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

    On the International Front we look at the ESMA UCITS Q&A, the UCITS V Delegated Regulation on the obligations of depositaries, AML/ CTF and the Fourth Anti-Money Laundering Directive, an ESMA follow up peer review on compliance...

    Asset Management & Investment Funds
  • Article

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

    On the Domestic Front, we look at Deadlines, UCITS V, Investor Money Regulations and Umbrella Cash Accounts, an address by Gareth Murphy, a Central Bank Regulatory Service Standards Performance Report and a Central Bank Markets Update.

    Asset Management & Investment Funds
  • Article

    High Court adopts broad interpretation of the definition of “environmental information” under the AIE Regulations

    The High Court has delivered judgment in the case of Minch v The Commissioner of Environmental Information (16 February 2016) concerning the scope of access to environmental information.

    Environmental & Planning
  • Article

    Enhanced powers of Minister of the Environment to prescribe planning policy

    The Department of the Environment's recent Design Standards for New Apartments prescribe mandatory minimum standards for all apartments in the State.

    Environmental & Planning
  • Article

    English and Irish Courts clear the way to use technology to reduce disclosure costs in litigation

    Disclosure of electronic documents in litigation has become increasingly costly and complex.

    Disputes
  • Article

    Supreme Court grants leave to appeal in Kelly v Information Commissioner

    The Supreme Court, in Kelly v The Information Commissioner [2016] IESCDET 23, has granted Mr Kelly leave to appeal from the decision of the Court of Appeal delivered on 30 November 2015, that that there is no statutory right of appeal against a discontinuance of a review by the Information Commissioner (IC).

    Disputes
  • Article

    EAT Decision Un-Locks Commission Payments

    The Employment Appeal Tribunal (EAT) has today released its eagerly anticipated decision in the appeal of the case of Lock v British Gas. The EAT has rejected the appeal of British Gas, and as such, have found that commission payments should be included in holiday pay.

    Employment