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Legal Updates & Insights

  • article

    Court of Appeal ruling on the burden of proof in Section 160 planning injunction cases

    On 21 January 2022, Mr Justice Humphreys sitting in the Court of Appeal (COA) delivered judgment in Doorly -v- Corrigan & Anor [2022] IECA 6, overturning an earlier decision of the High Court.

    Environmental & Planning
  • article

    FSAI successful in Court application to enforce Closure Order against a food business

    On 21 March 2022, the Irish High Court ordered a hemp and CBD business (the Food Business), to cease trading with immediate effect, including cessation of all activity on internet sites and social media sites.

    Health & Safety
  • article

    New Codes of Practice on Equal Pay and Workplace Harassment published

    The Irish Human Rights and Equality Commission has published two new codes of practice for employers in respect of workplace harassment and equal pay.

    Employment
  • article

    Issuing execution after periods of inactivity – unexplained delay prejudicial to execution of a judgment

    The Commercial Court (the Court) has recently delivered judgment in ACC Bank plc v Joyce and Ors [2022] IEHC 92.

    Disputes
  • article

    Prohibition on selling units/shares in certain Funds to Russian persons after 12 April 2022

    Funds and Fund Service Providers (Firms) will have been grappling with the impact of new restrictive measures/sanctions obligations which have been issuing at pace in response to the Ukraine crisis.  

    Asset Management & Investment Funds
  • publication

    Defamation Law in Northern Ireland: 2021 in review and the road to reform

    As part of our annual review of defamation law in the jurisdiction we examine two notable reported judgments from 2021 and, as the Northern Ireland Assembly’s legislative programme reaches the final stages, the nature of the reforms proposed by the Defamation Bill.

    Belfast
  • article

    Price walking regulations published

    Insurance undertakings and insurance intermediaries operating in the Irish market should carefully consider the short and longer term implications to them of the Central Bank of Ireland's (CBI) long-signaled Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Insurance Requirements) Regulations 2022 (the Regulations).

    Insurance & Reinsurance
  • publication

    Decoding the Code – the new Code of Practice for Revenue Compliance Interventions

    In recent years, the Irish Revenue Commissioners' Code of Practice for Compliance Interventions has been an evolving document subject to review and modification on an ongoing basis. While the Code is not law itself, it reflects taxpayer rights that are already enshrined in law.

    Tax Disputes & Enquiries
  • article

    CBI publishes final guidance on the use of service companies for staffing purposes in the insurance sector

    On 31 January 2022, the Central Bank of Ireland (CBI) published its finalised guidance on the use of service companies for staffing purposes in the insurance sector (the Guidance).

    Insurance & Reinsurance
  • article

    The EU Whistleblowing Directive: Blowing the whistle means added compliance for employers

    The Protected Disclosures (Amendment) Bill 2022 (the Bill) was recently published and is currently making its way through the Irish legislative process.

    Employment
  • article

    Maritime Area Planning Act commences in part

    The first provisions of the Maritime Area Planning Act (the MAP Act) commenced on 10 March 2022.

    Environmental & Planning
  • Article

    Financial Services Regulation and Compliance - Funds Feb 2022

    In domestic news, the CBI published its Securities Markets Risk Outlook Report 2022. At a European level; ESMA issued its proposed reforms to the money market fund framework and published its implementation timeline for sustainability provisions in UCITS and AIFMD, its fourth annual statistical report on the alternative investment fund sector, as well as data on the exposures of AIFs subject to it

    Asset Management & Investment Funds