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Legal Updates & Insights

  • 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
  • Article

    Iranian Sanctions: Opportunities and Risks

    We briefly outline some opportunities and risks associated with the imminent relaxation of sanctions against Iran. We provide general tips for dealing in countries or with entities that may be subject to sanctions.

    Disputes
  • Article

    Countering Money Laundering & Terrorist Financing in Gambling - A missed opportunity for Ireland?

    With the increased, Europe-wide focus on countering money laundering and terrorist financing in recent years, it is an anomaly that Irish anti-money laundering and anti-terrorist financing laws have not to date been extended to cover land-based or online bookmakers or gaming operators

    Betting, Gaming & Licensing
  • Article

    Requirements for a binding contract for sale of land considered in Maloney v O’Connor 2015 IEHC 678

    In this unusual case the High Court considered the enforceability of a contract for the sale of land to a construction company now in receivership, with much of the argument surrounding whether there was in fact a sufficient note or memorandum in writing for the purposes of the Statute of Frauds (Ireland) 1695.

    Commercial Property
  • Article

    European Commission prolongs State Aid Regime for Irish Credit Unions

    On 16 November 2015, the Commission decided to permit a second prolongation of the Credit Union restructuring and stabilisation Scheme. The second prolongation was from 1 November 2015 until 30 April 2016. The notification has made on 29 October 2015.

    EU, Competition & Procurement
  • Article

    Central Bank Report on Anti-Money Laundering, Countering the Financing of Terrorism and Financial Sanctions Compliance in the Irish Funds Sector

    The Central Bank of Ireland (Central Bank) issued its Report on Anti-Money Laundering, Countering the Financing of Terrorism and Financial Sanctions Compliance in the Irish Funds Sector.

    Asset Management & Investment Funds
  • Article

    Dealing with Dawn-Raids by Ireland’s Competition and Consumer Protection Commission

    Ireland’s Competition and Consumer Protection Commission (CCPC) regularly dawn-raids businesses, professional bodies, trade associations and homes. Everyone in business in Ireland needs to be briefed on how to deal with such unannounced visits. A&L Goodbody’s EU, Competition and Procurement Group briefs you on what you need to know.

    EU, Competition & Procurement
  • Article

    Rights of residence and the Family Home Protection Act 1976 considered by High Court in Bank of Ireland v O’Donnell [2015] IEHC 640

    Certain defences raised by Brian and Mary Patricia O'Donnell in the latest High Court action taken against them by Bank of Ireland in connection with Gorse Hill in Killiney have caused the High Court to consider both the nature of rights of residence and also certain provisions of the Family Home Protection Act, 1976.

    Commercial Property
  • Article

    EU to US Data Transfers

    John Whelan, Head of A&L Goodbody's International Technology practice looks at EU to US data transfers following the recent CJEU ruling.

    Commercial & Technology