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Legal Updates & Insights

  • Article

    Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015

    The Department of Finance has published the "Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015".

    Finance
  • Article

    Ireland - Aviation Outlook for 2015

    Ireland leads the way as an aircraft leasing jurisdiction and new developments for 2015 will further strengthen Ireland’s position. Ireland is already one of the most popular jurisdictions for aircraft leasing due largely to the fact that Ireland’s fiscal regime offers substantial advantages to the aircraft leasing industry.

    Aviation & Transport Finance
  • Article

    Preparing your business for Ireland’s impending Anti-Bribery Laws

    Anti-bribery/corruption laws are well established in the UK and US. Recent developments in those jurisdictions have offered timely reminders of the importance of businesses there having a robust anti-bribery framework.

    Disputes
  • Article

    ACC Bank Plc v Michael Byrne and Sean O’Toole 2014 IEHC 530

    This case related to a claim by ACC Bank plc (the Bank) for a summary judgment against the first named defendant on foot of a personal guarantee of €250,000 in respect of a loan facility to a company, China Girls Limited (the Borrower) of €3.9m.

    Financial Regulation
  • Article

    High Court considers the role of the Financial Regulator’s Code of Conduct in re-possession proceedings

    The High Court in ICS Building Society -v- Lambert [2014] IEHC 581 has made clear that while the Financial Regulator's Code of Conduct on Mortgage Arrears (the Code) confers a discretion on the court in dealing with an application for possession the absence of co-operation by a borrower will mean that it will generally not be possible to assess the reasonableness of any proposal made.

    Financial Regulation
  • Article

    Statistics - restriction and disqualification applications

    2014 has been another busy year in the courts for restriction and disqualification applications.

    Restructuring & Insolvency
  • Article

    Recent Labour Court determination on the accrual of annual leave whilst on sick leave

    The Labour Court recently issued an important decision stating that an employee is not entitled to rely on the provisions of the grounding European Working Time Directive against a private sector employer in circumstances where she was claiming an entitlement to accrue annual leave whilst on sick leave (Sparantus Limited t/aHighfield Healthcare and Agnieska Jemiola DWT 4110).

    Employment
  • Article

    High Court clarifies limitation period for Agreements for Sale based on breach of contract

    In the recent case of Murphy v Joe O'Toole & Sons Ltd & Anor [2014] IEHC 486, Baker J. held that the limitation period for an agreement for the sale of goods ran from the date of delivery of the goods, rather than from the date of the contract was entered into by the parties.

    Disputes
  • Article

    New EU rules on Jurisdiction and Enforcement of Judgments apply from 10 January 2015

    The recast Brussels Regulation ((EC) No. 1215/2012), which repeals the Brussels I Regulation ((EC) No. 44/2001), came into operation on 10 January 2015.

    Disputes
  • Article

    Calculating Holiday Pay – “Lock” down what you should be paying

    Recent UK and European Union case-law has created some confusion in Ireland as to the basis on which Irish employers should calculate their employees' holiday pay. So what is the position now?

    Employment
  • Article

    Companies Act 2014 and its impact on companies operating in the Irish Investment Funds Industry

    The Companies Bill 2012 has now been signed by the President of Ireland (on 23 December 2014), and has become the Companies Act 2014 (the Act).

    Investing in Ireland
  • Article

    Companies Act 2014 and its impact on companies operating in the Irish Investment Funds Industry

    The Companies Bill 2012 has now been signed by the President of Ireland (on 23 December 2014), and has become the Companies Act 2014 (the Act). It is expected that most of the provisions of the Act will come into effect on 1 June 2015, although this date is subject to change.

    Asset Management & Investment Funds