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Legal Updates & Insights

  • article

    Public procurement law - Automatic injunctions

    In public procurement competitions, there is potential for a legal challenge from an unsuccessful bidder to trigger an automatic injunction on awarding the contract.

    Belfast
  • Article

    Financial Services Regulation and Compliance - Funds Dec 2021

    Domestically, the CBI has published the 36th Edition of its UCITS Q&A Document and the 44th Edition of AIFMD Q&A Document; At a European level, ESMA responded to a letter from the Commission on the use of reverse solicitation, the effective date of the Level 2 regulatory technical standards for SFDR has been delayed

    Asset Management & Investment Funds
  • Article

    Financial Services Regulation and Compliance - Insurance Dec 2021

    Domestically, the Health Insurance (Amendment) Bill 2021 was published and the CBI published the opening statement at Joint Oireachtas Committee on Finance, Public Expenditure and Reform; At a European level EIOPA announced its sustainable finance activities for 2022 – 2024, EIOPA launched a pilot exercise on climate change adaptation in non-life underwriting and pricing

    Insurance & Reinsurance
  • Article

    Financial Services Regulation and Compliance - General Cross Sectoral Dec 2021

    Domestically, the CBI published its cross industry guidance on operational resilience and feedback statement, published its cross industry guidance on outsourcing and feedback statement; At a European level, the EBA published a consultation paper on draft regulatory technical standards for crowdfunding service providers, Christine Lagarde delivered welcoming remarks at the Fifth Annual Conference

    Financial Regulation
  • Article

    Financial Services Regulation and Compliance - Investment Firms Dec 2021

    Domestically, the CBI issued a "Dear CEO" Letter addressed to MiFID authorised firms and credit institutions offering MiFID investment services; At European level the EBA published consultation papers on RTS and guidelines on liquidity requirements for investment firms, ESMA issued Guidelines on methodology

    Asset Management & Investment Funds
  • Article

    Financial Services Regulation and Compliance - Banking Dec 2021

    Domestically, the CBI issued a "Dear CEO" letter to payment and e-money firms, and commenced a public consultation into the next phase of mortgage measure framework review; At European level, the EBA issued a report on the application of guidelines on the remuneration of sales staff, the ECB published its supervisory priorities for 2022 – 2024, and the EBA published a revised guide to "fit and pro

    Financial Regulation
  • article

    The Construction Contracts Act 2013: latest decision on principles of enforcement of adjudication award – “Pay Now, Argue Later”

    The decision in John Paul Construction Limited v Tipperary Co-Operative Creamery Limited [2022] IEHC 3 relates to an application for leave to enforce an adjudicator's decision pursuant to the Construction Contracts Act 2013 (the Act).

    Construction
  • publication

    First CJEU ruling on the EU Blocking Regulation

    The CJEU recently issued its long-anticipated ruling on the EU's Blocking Regulation in the Bank Melli case, which concerned the USA's Iranian sanctions regime.

    Disputes
  • article

    High Court confirms that conduct as a Defendant in previous proceedings may be considered in application for Isaac Wunder order

    The High Court (Butler J) has delivered judgment in Scanlan v Gilligan and Ors [2021] IEHC 825  in which the fourth to seventh defendants applied for an Isaac Wunder order against the plaintiff.

    Disputes
  • publication

    Procurement contract thresholds effective from 1 January 2022

    The UK Government has revised its public procurement contract value thresholds effective from 1 January 2022. The new thresholds will apply to in-scope contracting authorities across the UK, including in Northern Ireland.

    Belfast
  • article

    New NI Energy Strategy Published  

    The NI energy industry received an early Christmas present when the NI Executive published the new Energy Strategy (or "Path to Net Zero Energy") in late December last year.

    Belfast
  • article

    Finalised CBI guidance on cross-industry outsourcing – the (re)insurance perspective

    On 17 December 2021, the Central Bank of Ireland (CBI) published its finalised cross-industry guidance on outsourcing (the Guidance), which applies to all regulated firms, including (re)insurers and (re)insurance intermediaries.

    Insurance & Reinsurance