Liam Kennedy, Caoimhe Clarkin and Paula Mullooly of A&L Goodbody give their legal insight into the commercial litigation landscape in Ireland. This chapter was first published by the Encyclopedia of International Commercial Litigation in September 2015.
DisputesThe Basel Committee on Banking Supervision has issued a consultation paper on the prudential treatment of problem assets including the definitions of non-performing exposures and forbearance.
FinanceLaura Mulleady, Insurance Partner, looks at the potential for regulatory enforcement in relation to Solvency II and the value to companies in being prepared. This article was first printed for conference delegates at the European Insurance Forum 2016 in Dublin
Insurance & ReinsuranceThe European Commission has launched a public consultation on the current text of the ePrivacy Directive 2002/58/EC as well as the possible changes to the existing legal framework to make sure it is up to date with the new challenges of the digital age.
TechnologyRegulated funds in some countries in Europe, including Ireland, have been permitted to originate loans subject to a variety of conditions. Unfortunately for the asset management community, these conditions vary from country to country and in some cases are contradictory.
Asset Management & Investment FundsIt was confirmed yesterday that the Construction Contracts Act 2013 will apply to construction contracts entered into after 25 July 2016.
Projects & InfrastructureAny person Convicted of a Competition Law Offence in Ireland may be Disqualified from Acting as a Director of an Irish Company in Certain Circumstances
EU, Competition & ProcurementFreeman V Bank of Scotland plc, Simon Davidson and Lloyd Daly & Associates Ltd [2016] IESC 14 This Supreme Court decision is as a result of an appeal from a judgment of McGovern J in the High Court which was delivered on 29th May 2014.
Restructuring & InsolvencyDr Vincent Power, EU & Competition Partner, discusses the lessons from Ireland's EU referendums for the UK's Brexit referendum on 23 June 2016.
BrexitShannon v O'Sullivan [2016] IECA 93 concerned personal injury awards to Mr and Mrs Shannon arising out of a road traffic accident. The defendant, in the High Court had contested the extent of the injuries suffered by the plaintiffs noting that they had not proceeded to hospital directly after the collision but had only gone there some hours later and had only sought medical attention several weeks
DisputesOn the Domestic Front: EU (Consumer Mortgage Credit Agreements) Regulations 2016; Central Bank introduces new authorisation process model for various industry sectors; On the EU Front: ECB announces a new series of targeted longer-term refinancing operations (TLTRO II); EBA publishes the report on SMEs and the SME Supporting Factor
Financial RegulationOn the Domestic Front: Central Bank of Ireland issues a press release with regard to its themed inspection in relation to conflicts of interest in Investment Firms New Member Firm Rules and Market Parameters published by the Irish Stock Exchange; On the EU Front: ESMA publishes its Trends, Risks and Vulnerabilities Report No. 1 2016 on European Union (EU) securities markets
Financial Regulation
