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Legal Updates & Insights

  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On 14 May 2015, CBI advised that it is open to receive formal submissions of Solvency II preparatory phase reporting. I

    Finance
  • Article

    A&L Goodbody Guide to Securities Litigation 2015

    An overview of the nature and extent of securities litigation in Ireland.

    Disputes
  • Article

    CJEU confirms that ‘click-wrapping’ meets the requirements of Article 23 of the Brussels I Regulation

    In El Majdoub Jaouad El Majdoub v CarsOnTheWeb.Deutschland GmbH [2015] (C-322/14) (21 May 2015) the Court of Justice of the European Union (the CJEU) ruled that the method of accepting general terms and conditions of a contract for sale (which includes a jurisdiction clause) by 'click-wrapping', complied with the formalities set out in Article 23 of the Brussels I Regulation.

    Disputes
  • Article

    Government publishes heads of bill to provide for Periodic Payment Orders

    The Minister for Justice has published the General Scheme of the Civil Liability (Amendment) Bill 2015 to empower the courts to award Periodic Payment Orders (PPOs), instead of the current lump sum award, to catastrophically injured persons. The proposals are aimed at providing financial security to those who have been catastrophically injured and require long term care.

    Disputes
  • Article

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

    On the International Front, we look at the AIFMD Q&A, UCITS and EMIR, Money Market Funds, ELTIFs, Capital Markets Union, Investment-based crowdfunding, the Fourth Anti-Money Laundering Directive and Wire Transfer Regulation, Risks and Vulnerabilities in the EU Financial System, Draft technical standards under CSDR, UCITS V, MAR, MiFID II Directive, MIFIR and Transparency Directive.

    Asset Management & Investment Funds
  • Article

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

    On the Domestic Front, we look at the Companies Act 2014, the Central Bank Annual Report 2014 and Annual Performance Statement, EuSEFs, EuVECAs, Client Assets and Investor Money, Consultation on Corporate Governance Requirements for Investment Firms and Fitness & Probity Guidance.

    Asset Management & Investment Funds
  • Article

    Consultation: Possible change to Northern Irish legislation affecting Personal Current Accounts

    In 2005 the Office of Fair Trading (OFT) commenced an investigation into banking services in Northern Ireland in respect of Personal Current Accounts (PCA). Following this investigation the Competition Commission brought into force the PCA Market Investigation Order 2008 which regulates competition between the banking institutions in respect of information and switching requirements.

    EU, Competition & Procurement
  • Article

    “We’re all going on a summer holiday…but at what cost?”

    In our January 2015 briefing ("Calculating Holiday Pay – Lock down what you should be paying"), we considered the potential impact for employers in Ireland of the European Court of Justice ("CJEU")'s decision in ZJR Lock v British Gas Trading Limited (May 2014) (where it was held that holiday pay must include any sales commission payments) and the UK decision in Bear Scotland v Fulton

    Pensions & Incentives
  • Article

    No Liability for Defamation for incorrect communication by Bank to Credit Reference Body

    A recent High Court decision has confirmed that a communication by a financial institution to a credit reference body gives rise to an occasion of qualified privilege, thus defeating a claim in defamation.

    Disputes
  • Article

    Court considers whether After the Event (ATE) Legal Costs Insurance provides sufficient protection for Costs

    On 8 May 2015, in Greenclean Waste Management Ltd v Leahy p/a Maurice Leahy & Co. Solicitors [2015] IECA 97, the Court of Appeal considered whether the trial judge was correct to refuse to order security for costs by virtue of the existence of the insolvent plaintiff's 'After the Event' (ATE) insurance policy.

    Disputes
  • Article

    The International Comparative Legal Guide to Securitisation 2015 Edition

    Peter Walker, Partner and Jack Sheehy, Partner, in the Banking and Financial Services Department discuss the Irish legal guide to securitisation.

    Capital Markets - Debt
  • Article

    Directors’ Duties: What’s new and what you need to know

    The Companies Act 2014 (the "2014 Act") comes into force on 1 June 2015, consolidating and reforming Irish company law. In particular, directors' duties, having long been the product of ad hoc decisions by the Irish courts, will now have a legislative basis.

    Employment