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Legal Updates & Insights

  • Article

    Probationary Periods and Fair Procedures

    Two recent Labour Court decisions have reiterated the need for employers to apply their disciplinary procedures where an employee on probation is being dismissed. A common and mistaken belief among employers is that there is no requirement to apply fair procedures if an employer decides to dismiss an employee on probation.

    Pensions & Incentives
  • Article

    High Court Considers Enforceability of Jurisdiction Clause

    In Clubgear v Mitre Sports International Ltd and Prostar Sports Ltd [2015] IEHC 708 the High Court upheld the validity of a jurisdiction clause, in favour of the Courts of England and Wales. The jurisdiction clause was contained within the defendants' terms and conditions of trading, on the reverse side of a credit account opening form.

    Disputes
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral / Other

    On the Domestic Front: Items including the following - Central Bank publishes a Guide to Prospectus Approval in Ireland - ISE publishes updated rules for ESM listed companies, Central Bank updated Credit Union Handbook chapters and publishes Q&A document

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Central Bank Markets Update; updated AIF Rulebook, AIFMD Q&A, Feedback statement on CP86, Guidance for Fund Management Companies, Revised UCITS Guidance - Central Bank Report on Anti-Money Laundering, Countering the Financing of Terrorism and Financial Sanctions Compliance in the Irish Funds Sector

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Central Bank consults on Investment Firm Regulations 2015 - Central Bank publishes findings of thematic review of CFDs On the International Front: Items including the following - EU Commission adopts equivalence decisions for CCPs - ESMA publishes a consultation paper on indirect clearing arrangements under EMIR and MiFIR

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: Minister for Finance publishes EU (Deposit Guarantee Schemes) Regulations 2015 - Central Bank proposes additional consumer protection measures for variable rate mortgage holders - Minister for Finance responds to SSM approval for AIB’s proposed capital reorganisation measures

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: Solvency II transposed into Irish law; CBI - proposed requirements on Domestic Actuarial Regime and Head of Actuarial Function; CBI - Corporate Governance Code for Insurance Undertakings; CBI Policy Notice on Ring Fenced Funds under Solvency II Gill Russell v HSE - Court of Appeal Judgment.

    Financial Regulation
  • Article

    Central Bank News; Consultation on Amendments to the AIF Rulebook (CP99), Reporting Guidance for AIFMs, Markets update and AML/CTF briefing

    Central Bank News; Consultation on Amendments to the AIF Rulebook (CP99), Reporting Guidance for AIFMs, Markets update and AML/CTF briefing.

    Asset Management & Investment Funds
  • Article

    Issue of unreasonable withholding of consent to assignment considered by the Commercial Court

    In its recent decision in the case of Perfect Pies Limited (in receivership) and Pearse Farrell v Chupn Limited [2015] 11 JIC 0607, the Commercial Court has considered the difficult question of the unreasonable withholding of consent to the assignment of a commercial lease.

    Commercial Property
  • Article

    Dolores McGrath v Danske Bank and M McGrath & J McGrath (as Notice Parties) [2015] IEHC 712

    This case concerns the construction of a contract of guarantee which was executed by the Plaintiff in favour of Danske Bank in respect of borrowings of the Plaintiff's husband and son.

    Finance
  • Article

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

    On the International Front, we look at the SFT Regulation, a Consultation on KIDs for PRIIPS, the Capital Markets Union and an IOSCO report on standards for custody of collective investment scheme assets.

    Asset Management & Investment Funds
  • Article

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

    On the Domestic Front we look at upcoming Deadlines, updated AIF Rulebook, Fund Management Company Guidance, UCITS Guidance, Common Reporting Standard, Central Bank Report on AML/CFT and Financial Sanctions Compliance in the Irish Funds Sector and FRS 102.

    Asset Management & Investment Funds