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Legal Updates & Insights

  • Article

    Regulation of Lobbying Act 2015

    Regulation of Lobbying Act 2015 The Regulation of Lobbying Act 2015 is relevant for everyone doing business in Ireland. The Act, with the exception of Part 4 (which deals with sanctions and enforcement), came into force on 1 September 2015.

    EU, Competition & Procurement
  • Article

    Industrial Relations Update – What you need to know

    The commencement of the Industrial Relations (Amendment) Act 2015 (the "Act") on 1 August 2015 is noteworthy not only for the changes it introduces, but also for the key industrial relations principles that remain untouched.

    Employment
  • Article

    Court refuses to grant declaration as to identity of the data controller

    The High Court, in In the Matter for Mount Carmel Medical Group (South Dublin) Ltd (In Liquidation) [2015] IEHC 450 considered the issue of who is a data controller under data protection law in respect of data held by a company in liquidation.

    GDPR
  • Article

    High Court overturns decision of the FSO finding non-disclosure of a material fact in insurance claim

    In Earls -v- The Financial Services Ombudsman & anor [2015] IEHC 536, the High Court overturned a finding by the Financial Services Ombudsman (FSO) that an insured had failed to disclose a material fact in their insurance application and remitted it to the FSO for reconsideration.

    Disputes
  • Article

    Background to EU Ports Law

    The European Commission has intervened in ports in an ad hoc manner for many years particularly through the means of competition law. Its attempts to create a formal regime have not been very successful to date. Indeed, its proposals to adopt legislation have even met with angry protests on the streets of Brussels by dockworkers.

    EU, Competition & Procurement
  • Article

    European Commission Report on the Functioning of the Directive on the Reporting for Ships Arriving in and/or Departing From EU Ports

    Directive 2010/65 deals with the reporting formalities for ships arriving in and/or departing from ports of EU Member States.

    EU, Competition & Procurement
  • Article

    28 January 2015: EU Maritime Strategy

    On 21 January 2009, the Commission adopted a Communication setting the strategic goals and recommendations for the EU’s maritime transport policy until 2018.

    EU, Competition & Procurement
  • Article

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

    On the International Front, we look at the ESMA consultation on RTS for ELTIFs, ESMA reports on EMIR and the European Commission report on its exercise of powers under UCITS IV and AIFMD

    Asset Management & Investment Funds
  • Article

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

    On the Domestic Front, we look at the Central Bank's AIFMD Q&A, ICAV Q&A, and a new Markets Update.

    Asset Management & Investment Funds
  • Article

    AIFMD: Twelve months on

    The Alternative Investment Fund Managers Directive (Directive 2011/61/EU) (AIFMD) brought with it significant changes for the regulation of the funds industry in Europe.

    Asset Management & Investment Funds
  • Article

    Party that Refuses to Participate in Arbitral Proceedings Forfeits Opportunity to be Heard

    In Delargy v Hickey and another [2015] IEHC 436, the Irish High Court considered an application to set aside or remit an arbitral award under Article 34(2)(a)(iii) of the UNCITRAL Model Law.

    Disputes
  • Article

    Irish High Court Refuses to Set Aside Arbitral Award on Grounds of Procedural Unfairness under UNCITRAL Model Law

    In Deluxe Art & Theme Ltd v Sheffs Ltd [2014] IEHC 695, the Irish High Court considered an application to set aside an arbitral award on the ground of procedural unfairness due to the arbitrator's alleged failure to give the applicant an opportunity to present its case in relation to the issue of estoppel.

    Disputes