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Legal Updates & Insights

  • article

    Gambling Regulatory Authority of Ireland (GRAI): The appointment of the CEO Designate

    On Thursday 8 September 2022, the Minister of State with responsibility for Law Reform, James Browne TD, announced the appointment of Anne Marie Caulfield as the new Chief Executive Officer (CEO) Designate of the Gambling Regulatory Authority of Ireland (GRAI). In this announcement, Mr Browne noted that the early appointment of the CEO will ensure that there is no delay in the new regulator becomi

    Betting, Gaming & Licensing
  • article

    Director failed to satisfy the court that he acted responsibly

    In the case of Fennell v Appelbe, a director of an insolvent company appealed a restriction order made against him by the High Court, which prevented him from acting as a director for five years.

    Corporate & M&A
  • article

    High Court: “Time and Cents” spent on furnishing Replies to Particulars of key importance in complex proceedings

    The High Court (Mr. Justice Barrett) has recently delivered judgment in National Truck Rental Company Ltd v Man Importers Ireland Ltd & Ors1 (the National Trucks Judgment) .

    Disputes
  • article

    Collateral Warranties and the Construction Contracts Act 2013

    In the recent decision of Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP[1], the English Court of Appeal has provided further guidance on whether a collateral warranty constitutes a 'construction contract.' If a collateral warranty is a construction contract then disputes thereunder come within the adjudication regime.

    Construction
  • article

    Asset Management & Investment Funds: EU & International Developments – August 2022

    SFDR RTS, PAIs under SFDR, ESMA Q&As on UCITS & AIFMD, AML and environmental crime.

    Asset Management & Investment Funds
  • article

    Asset Management & Investment Funds: Irish Practice Developments – August 2022

    CBI's Beneficial Ownership Register for CFVs - PPSNs, Whistleblowing, SEAR, IMF recommendations to CBI.

    Asset Management & Investment Funds
  • publication

    Director exits - Are you prepared?

    In an ideal world, all companies will have a perfect and mutually beneficial relationship with their directors. Circumstances may develop however over time, which can lead to a company seeking to remove a director from office.

    Belfast
  • article

    Financial Services Regulation and Compliance - Funds July 2022

    In domestic news, the CBI set out its expectations for funds required to disclose under the EU Taxonomy Regulation. This approach will apply until 1 January 2023, when the Sustainable Finance Disclosure Regulation Level 2 template disclosures come into force.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Insurance July 2022

    In domestic news, the CBI has published guidance for re-insurance undertakings in respect of intragroup transactions and exposures. The Insurance (Miscellaneous Provisions) Act 2022, has been commenced as of 7 July 2022.

    Financial Regulation
  • article

    Financial Services Regulation and Compliance - General Cross Sectoral July 2022

    In domestic news, the Department of Finance has now published the long-awaited Central Bank (Individual Accountability Framework) Bill 2022 on 28 July 2022. This follows on from publication of the General Scheme for the individual accountability framework legislation which was previously published in July 2021.

    Financial Regulation
  • article

    Financial Services Regulation and Compliance - Investment Firms July 2022

    In domestic news, on 5 July 2022, the Minister for Finance, Paschal Donohoe, signed three statutory instruments (S.I. 302 of 2022, S.I. 303 of 2022 and S.I. 304 of 2022) to complete the transposition of Directive (EU) 2019/2034 (the Investment Firms Directive or IFD) and the implementation of Regulation (EU) 2019/2033 (the Investment Firms Regulation or IFR) into Irish law.

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Banking July 2022

    In domestic news, on 20 July 2022, the Central Bank of Ireland (CBI) published the results of the most recent bank lending survey in Ireland. Banks recorded a moderate deterioration in their access to wholesale funding, in particular in access to medium and long-term securities over the last quarter.

    Finance