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Legal Updates & Insights

  • Article

    High Court dismisses “creative” defences in summary judgment application

    In ACC Loan Management v Patrick Cahalan, High Court, Noonan J, 3 March 2016 the High Court granted summary to ACC and rejected arguments based on claims of reckless lending and illegal funds.

    Disputes
  • Article

    Central Bank report on Anti-Money Laundering/Countering the Financing of Terrorism and Financial Sanctions in the Irish Life Insurance Sector

    Earlier today the Central Bank of Ireland (CBI) published a report on Anti-Money Laundering/Countering the Financing of Terrorism and Financial Sanctions (AML/CFT/FS) Compliance in the Irish Life Insurance Sector.

    Asset Management & Investment Funds
  • Article

    ‘Strengthening Accountability in Banking’ initiative and HR implications: what comes next?

    As you may be aware, the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) have been in joint consultation in respect of the 'Strengthening Accountability in Banking' initiative.

    Belfast
  • Article

    Corporate Restructuring in Ireland 2016

    David Baxter, Head of Restructuring & Insolvency, assesses alternative corporate restructuring processes available in Ireland, and highlights recent cases whereby these processes have been applied successfully to execute a deal.

    Restructuring & Insolvency
  • Article

    When does “harmless workplace banter” become sexual harassment?

    In today's world it’s sometimes difficult to spot what is harmless banter and what is actionable harassment. It pays to know the difference

    Employment
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    On the Domestic Front: Items including the following - First Central Bank of Ireland Commission Meeting Minutes published - Financial Services Ombudsman and Office of the Pensions Ombudsman introduces changes to its complaint handling processes

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Items including the following – Central Bank of Ireland publishes consultation on a capital requirement framework for market operators.

    Financial Regulation
  • article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Items including the following - Investor Money Regulations/ Umbrella Cash Account Update On the EU Front: Items including the following - ESMA Q&A gives detail on the timing of documentation updates for the remuneration and depositary requirements of UCITS V - UCITS V Delegated Regulation on the obligations of depositaries

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: Items including the following - Central Bank of Ireland issues statement following Banking Inquiry - Central Bank of Ireland publishes Feedback Statement following consultation on a Central Credit Register

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: Items include - Central Bank publishes programme of themed inspections in insurance sector - CBI publishes latest Solvency II Matters Newsletter On the European Front: Items include - Solvency II Implementing Regulation on calculation of technical provisions and basic own funds published - EIOPA publishes 2016 work program

    Finance
  • article

    Finding Another Way: Defamation Injunctions are Hard To Come By

    A recent High Court judgement shows that the Courts will be reluctant to grant an injunction to prevent media from publishing defamatory material. An injunction will only be granted in clear cases where the defendant has a weak defence (or none at all).

    Disputes
  • 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