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Legal Updates & Insights

  • Article

    The Woolworths Case - Employers can pick and don’t have to mix

    The eagerly awaited judgment in the Woolworths and Ethel Austin cases has been handed down today by the Court of Justice of the European Union (ECJ).

    Employment
  • Article

    Equality Tribunal Update on enforceability of settlement agreements

    A recent determination from the Equality Tribunal highlights again the importance of a properly drafted compromise agreement where employers and employees are terminating the employment relationship and any claims arising from it.

    Pensions & Incentives
  • Article

    Allegations of mis-selling could not be considered by Financial Services Ombudsman when they occurred more than six years previously

    In Geoghegan v Financial Services Ombudsman & ors [2015] IEHC 217, Kearns P in the High Court rejected an appeal of a decision of the Financial Services Ombudsman.

    Disputes
  • Article

    The details of Ireland’s new Betting (Amendment) Act

    The Irish President signed Ireland’s Betting (Amendment) Act 2015 into law on 15 March. This Act introduces a licensing regime for remote bookmakers and betting intermediaries in Ireland, bringing both online and brick-and-mortar bookmakers onto a more level playing field. Joe Kelly, Maire Conneely and Rowena Caulfield of A&L Goodbody discuss in detail the principle features of the new Act. This a

    Betting, Gaming & Licensing
  • Article

    Principal Shareholder of Company refused permission to legally represent Company in High Court Proceedings

    The High Court in a recent decision has made it clear that only in exceptional circumstances will it exercise its discretion to allow a shareholder to represent a company in legal proceedings.

    Disputes
  • Article

    Recent disability discrimination case highlights delay in considering reasonable accommodation

    A retailer has been ordered to pay €14,000 to a claimant after the Equality Tribunal held that it had failed to provide reasonable accommodation to the claimant salesman who went on sick leave due to deteriorating eyesight (Alistair Clews v DSG Retail (DEC-E2014-081).

    Pensions & Incentives
  • Article

    High Court orders UPC to take action against illegal downloaders

    The Commercial Court has delivered a ruling which will have significant implications for music companies and ISPs, in regard to illegal downloading.

    Commercial & Technology
  • Article

    CASE OF THE MONTH: Allegation of oppression of minority shareholder rejected by the High Court

    In Hamill -v- Vantage Resources Limited & Anor [2015] IEHC 195, High Court, Binchy J, 20 March 2015 the petitioner claimed that he had been oppressed as a minority shareholder and that there had been a disregard of his interests as a member of the Company under Section 205 of the Companies Act 1963.

    Disputes
  • Article

    Recent EAT Case on Dismissal on Grounds of Incapacity

    A recent case from the Employment Appeals Tribunal (EAT) provides a useful reminder for employers of the procedures to follow when a dismissal on grounds of incapacity is being considered.⃰ The EAT directed an award of €17,500 to the claimant after finding she had been unfairly dismissed when the company failed to follow its own procedures and breached the requirements of natural justice.

    Employment
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    CBI publishes various reporting requirements for MiFID investment firms, CBI first review of debt management firms, Statement on external review CBI Consumer Protection function, publishes Schedule of Dates for the receipt of supervisory data for 2015, Fitness and Probity 2015 Regulations for Credit Union

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    The ICAV, Central Bank (Supervision and Enforcement) Act 2013 (s48(1) Investor Money Regulations 2015 for Fund Services Providers (SI 105 of 2015) was signed by Deputy Governor (Financial Regulation) Cyril Roux on 25 March 2015, MMF Regulation, ESMA AIFMD Q&A,ESMA KIID Q&A, ELTIFs, Shadow Banking Consultation (all MMFs and AIFs in scope), Conflicts of interest

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    Supervision and Enforcement Act 2013, Client Asset Regulations 2015 for Investment Firms signed, European Securities and Markets Authority (ESMA) enters into a Memorandum of Understanding with Reserve Bank of Australia (RBA) regarding trading repositories, MAS, CCPS, NCAS, RTS, clearing obligations on interest rate swaps

    Finance