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Legal Updates & Insights

  • 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
  • Article

    When Rights Collide – Gay Rights v Religious Belief

    Today the County Court of Northern Ireland made its decision that Ashers Baking Company Limited directly discriminated against a customer on the grounds of sexual orientation contrary to the Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 (the 2006 Regulations) and political opinion contrary to the Fair Employment and Treatment (Northern Ireland) Order 1998 (the 1998 Order).

    Belfast
  • Article

    Stateable case sufficient for leave to appeal High Court rejection of FSO appeal

    In Governey v Financial Services Ombudsman [2015] IESC 38 the Supreme Court held that where a statutory provision restricts the constitutional right to appeal a High Court decision, but sets no criteria for the grant of leave, leave will be granted where the applicant makes an arguable or stateable case for the type of appeal allowed.

    Disputes
  • Article

    Court considers adequacy of search terms used in discovery process

    In O'Leary v Volkswagen Group Ireland Limited [2015] IESC 35, the Supreme Court considered the risks involved with the use of keyword searches in the discovery process, and the test for ordering further and better discovery.

    Disputes
  • Article

    Bluebird: Tweeting from the same Hymn Sheet

    At the end of April we reported on the Woolworths and Ethel Austin cases, the Court of Justice of the European Union (ECJ) seeking to clarify the term 'establishment' in connection with collective redundancies.

    Pensions & Incentives
  • Article

    A&L Goodbody advises on ICAV conversion

    A&L Goodbody is pleased to have advised on one of the first Central Bank of Ireland approved conversions of an existing investment company, to Ireland's newest corporate investment structure, the Irish Collective Asset-management Vehicle (ICAV).

    Asset Management & Investment Funds
  • Article

    New markets: is there a magic formula?

    Maire Conneely, Senior Associate in A&L Goodbody's Gaming & Betting Group, discusses how non-gaming jurisdictions develop to become respected gaming jurisdictions. She also addresses how industry contributes to ensure new markets fit in with industry expectations.

    Betting, Gaming & Licensing
  • Article

    Industrial Relations Bill published

    The Government recently published the long awaited Industrial Relations (Amendment) Bill 2015.

    Investing in Ireland
  • Article

    Holiday pay issues: Update on retrospective claims

    Overview: The Deduction from Wages (Limitation) Regulations 2014 ("GB Regulations") came into force in Great Britain on 8 January 2015 with the aim being to stop backdated holiday pay claims being made through the back door as breach of contract claims.

    Belfast