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Legal Updates & Insights

  • Article

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

    On the Domestic Front, we look at Deadlines, AIF Rulebook consultation, AIFM reporting, UCITS Q&A, AML, CBI themed inspections and CRS

    Asset Management & Investment Funds
  • Article

    HSR environmental conference – financial provision the ‘hot topic’

    Speaking at the recent HSR environmental conference, Jason Milne, Associate, A&L Goodbody addressed the issue of making provision for the cost of mopping up environmental damage - as well as greater energy and water efficiency, for businesses large and small.

    Environmental & Planning
  • Article

    No statutory right of appeal against Information Commissioner’s discontinuation of review

    The Court of Appeal in Kelly v The Information Commissioner [2015] IECA 270 upheld the High Court's finding that no statutory appeal lay from the discontinuance of a review by the Information Commissioner.

    Disputes
  • Article

    Consumer Protection (Regulation of Credit Servicing Firms) Act 2015

    The Consumer Protection (Regulation of Credit Servicing Firms) Act 2015 came into force on 8 July 2015.

    Finance
  • Article

    When are Borrowers Consumers?

    The High Court recently considered two cases involving arguments as to whether loans should be deemed consumer loans and the application of the Code of Conduct on Mortgage Arrears.

    Finance
  • Article

    Probationary Periods and Fair Procedures

    Two recent Labour Court decisions have reiterated the need for employers to apply their disciplinary procedures where an employee on probation is being dismissed. A common and mistaken belief among employers is that there is no requirement to apply fair procedures if an employer decides to dismiss an employee on probation.

    Pensions & Incentives
  • Article

    High Court Considers Enforceability of Jurisdiction Clause

    In Clubgear v Mitre Sports International Ltd and Prostar Sports Ltd [2015] IEHC 708 the High Court upheld the validity of a jurisdiction clause, in favour of the Courts of England and Wales. The jurisdiction clause was contained within the defendants' terms and conditions of trading, on the reverse side of a credit account opening form.

    Disputes
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral / Other

    On the Domestic Front: Items including the following - Central Bank publishes a Guide to Prospectus Approval in Ireland - ISE publishes updated rules for ESM listed companies, Central Bank updated Credit Union Handbook chapters and publishes Q&A document

    Financial Regulation
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Central Bank Markets Update; updated AIF Rulebook, AIFMD Q&A, Feedback statement on CP86, Guidance for Fund Management Companies, Revised UCITS Guidance - Central Bank Report on Anti-Money Laundering, Countering the Financing of Terrorism and Financial Sanctions Compliance in the Irish Funds Sector

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Central Bank consults on Investment Firm Regulations 2015 - Central Bank publishes findings of thematic review of CFDs On the International Front: Items including the following - EU Commission adopts equivalence decisions for CCPs - ESMA publishes a consultation paper on indirect clearing arrangements under EMIR and MiFIR

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: Minister for Finance publishes EU (Deposit Guarantee Schemes) Regulations 2015 - Central Bank proposes additional consumer protection measures for variable rate mortgage holders - Minister for Finance responds to SSM approval for AIB’s proposed capital reorganisation measures

    Finance
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: Solvency II transposed into Irish law; CBI - proposed requirements on Domestic Actuarial Regime and Head of Actuarial Function; CBI - Corporate Governance Code for Insurance Undertakings; CBI Policy Notice on Ring Fenced Funds under Solvency II Gill Russell v HSE - Court of Appeal Judgment.

    Financial Regulation