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Legal Updates & Insights

  • Article

    Information Commissioner publishes Annual Report for 2014

    The Information Commissioner, and Commissioner for Environmental Information, Peter Tyndall, has published his Annual Report for 2014.

    Disputes
  • Article

    Once-off provision of incorrect information to a single consumer a ‘misleading commercial practice’

    The ECJ has held in the case of Nemzeti Fogyasztóvédelmi Hatóság v UPC Magyarország Kft (Case C-388/13) that an incorrect communication to a single consumer was a "misleading commercial practice", prohibited under the Unfair Commercial Practices Directive (Directive 2005/29/EC).

    Disputes
  • Article

    The Irish legal guide to securitisation

    Peter Walker, Partner and Jack Sheehy, Partner, in the Banking and Financial Services Department discuss the Irish legal guide to securitisation giving a practical Irish insight into securitisation work.

    Capital Markets - Debt
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    The Central Bank of Ireland (Central Bank) published quarterly results and forecasts for the Irish economy as at Q2 2015. The Central Bank considers that there has been strong growth in the Irish economy and predicts this to continue, with an improving labour market and rising real disposable incomes lending greater support to consumer spending in 2015 and 2016.

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    A new process for submitting the net asset values (NAV) for listed investment funds will be implemented by the Irish Stock Exchange (ISE) in September 2015.

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    Central Bank publishes Consultation Paper on Corporate Governance Requirements for Investment Firms.

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    The Central Bank of Ireland (Central Bank) has published guidance and forms for monthly data required to be provided by monetary financial institutions (MFIs).

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    The Central Bank of Ireland (Central Bank) has recently published additional Solvency II Information Notes. The first of these, Note 4, outlines its approach to applications for approvals regarding undertaking-specific parameters (which are being accepted by the Central Bank since 1 April 2015).

    Finance
  • Article

    MMF Regulation

    On 29 April 2015, the European Parliament agreed its position on MMF reform following a plenary vote.

    Asset Management & Investment Funds
  • Article

    CJEU considers an allegedly unfair contractual term in an insurance contract

    In Jean-Claude Van Hove v CNP Assurances SA (Case C-96/14) the Court of Justice of the European Union (CJEU) considered Article 4(2) of the Unfair Terms in Consumer Contracts Directive 93/13/EEC (the Directive), in the context of proceedings involving an allegedly unfair contractual term in an insurance contract.

    Commercial Contracts
  • Article

    Companies Act 2014 - Key potential side effects for Irish insurers and reinsurers

    Most of the provisions of the Companies Act 2014 (the Act) are expected to be commenced on 1 June 2015.

    Insurance & Reinsurance
  • Article

    Defendant failed to show that there was no negligence in signing loan facility

    In AIB v Higgins & ors [2015] IECA 23, the Court of Appeal considered the necessary elements of the defence of 'non est factum'. Generally speaking if a person signs a document they are affirming the contents and will be bound by their signature. The defence of 'non est factum' (meaning literally “it is not my deed”) alleges that the signed agreement is void due to an absence of consent by the sig

    Disputes