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Legal Updates & Insights

  • Article

    FSO’s Decision that Claim Was Time Barred Upheld by High Court

    In Stowe & anor v Financial Services Ombudsman [2016] IEHC 199, High Court, Twomey J, 18 April 2016 Mr and Mrs Stowe sought to set aside a decision of the Financial Services Ombudsman (FSO), rejecting their complaint against the EBS.

    Financial Regulation Advisory
  • Article

    Procurement Directives transposed into Irish Law

    On 5 May 2016 the European Union (Award of Public Authority Contracts) Regulations 2016 and the European Union (Award of Contracts by Utility Undertakings) Regulations 2016 were published.

    EU, Competition & Procurement
  • Article

    Tracker, Financial Services Regulation & Compliance - Cross Sectoral

    On the Domestic Front: Central Bank of Ireland publishes 2015 Annual Report and Annual Performance Statement for Financial Regulation; Central Bank of Ireland announces Findings of Thematic Inspection on Debt Management Sector on Consumer Protection Code

    Financial Regulation Advisory
  • Article

    Tracker, Financial Services Regulation & Compliance - Investment Firms

    On the Domestic Front: Global Exchange Market set up under MiFID will now include listing of investment funds On the EU Front: European Supervisory Authorities propose Regulatory Technical Standards on Key Information Documents for Packaged Retail and Insurance-based Investment Products The EU Commission takes stock six months into the formation of the Capital Markets Union

    Financial Regulation Advisory
  • Article

    Tracker, Financial Services Regulation & Compliance - Funds

    On the Domestic Front: Irish UCITS Regulations implement UCITS V On the EU Front: EU Commission focus on fund passporting

    Financial Regulation Advisory
  • Article

    Tracker, Financial Services Regulation & Compliance - Banking

    On the Domestic Front: Central Bank of Ireland announces appointment of Director of Credit Institutions Supervision; Central Bank of Ireland updates consumers on its examination of Tracker Mortgage issues On the EU Front: European Central Bank Annual Report 2015 is presented to the EU Parliament's Committee on Economic and Monetary Affairs

    Financial Regulation Advisory
  • Article

    Tracker, Financial Services Regulation & Compliance - Insurance

    On the Domestic Front: Central Bank of Ireland publishes information on insurance supervisory objectives and process On the EU Front: European Insurance and Occupational Pensions Authority publishes preparatory guidelines on product oversight and governance

    Finance
  • Article

    Non-compliance with condition precedent in insurance policy resulted in refusal of cover

    In Kelly Builders (Rosemount) Ltd v HCC Underwriting Agency Ltd [2016] IEHC 72, Murphy J, 1 February, 2016, the plaintiff sought an order for specific performance of an insurance contract together with a declaration that it was entitled to an indemnity in respect of its liability for loss and damage sustained following a fire at NUI, Maynooth.

    Disputes
  • Article

    The Spent Convictions Regime – “forgive and forget”

    Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (the "Spent Convictions Act")

    Pensions & Incentives
  • Article

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

    On the Domestic Front, we look at Deadlines and research on consumer complaints handling in regulated firms.

    Asset Management & Investment Funds
  • Article

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

    On the International Front we look at UCITS share classes, loan origination by investment funds, the ESMA Q&A on the application of UCITS Directive, the ESMA Q&A on the application of AIFMD, Data Protection, the PRIIPs Regulation, AML / CTF and the Fourth Anti-Money Laundering Directive and EU Commission focus on Fund Passporting, EMIR and Reporting challenges.

    Asset Management & Investment Funds
  • Article

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

    On the Domestic Front, we look at Deadlines and UCITS V.

    Asset Management & Investment Funds