May 2019

article

​In Nolan v Sunday Newspapers Ltd [2019] IECA 141, Peart J. found for the court that the High Court (O'Connor J sitting without a jury) had been correct in holding that two publications by the defendant were defamatory, in that they had given the impression that the plaintiff was 'a principal organiser of orgies in the State with a lurking undertone of criminality'.

May 2019

article

SRD II contains transparency provisions which are applicable specifically to AIFMs, UCITS ManCos and SMICs.

May 2019

article

Ireland has unique mandatory reporting laws. These laws require individuals/entities to report to the authorities certain information concerning third parties' involvement in certain crimes, including 'white collar' crimes, unless they have a 'reasonable excuse' for not doing so.

May 2019

article

Last week the European Court of Justice (the CJEU) delivered a significant judgment that all employers need to be aware of. In short, the CJEU held that employers must have a suitable system in place to ensure they are recording employees' daily and weekly working hours. As Ireland's working time legislation already requires employers to keep such records, this case may not have the...

May 2019

article

In Ocean Point Development Company Ltd. (in receivership) v. Patterson Bannon Architects Ltd & ors  [2019] IEHC 311 the High Court held that a dispute between property development company and a construction company was a matter for arbitration and not for the High Court where both parties had agreed to be bound by an arbitration clause in their contract. This was despite a previous summary judg...

May 2019

article

In December 2018 the Central Bank published a consultation exercise on revised AML/CTF guidelines (the Guidelines) for the financial sector. The Guidelines set out the expectations of the Central Bank regarding the factors that firms should take into account when identifying, assessing and managing ML/TF risks. The consultation exercise ended on 5 April 2019.  Submissions on the draft Guideli...

May 2019

article

​In Kelland Homes Ltd v Ballytherm Ltd [2019] IEHC 2019, the third named defendant, Covestro BV, failed to discharge the onus of proving that the dominant purpose of a series of eight emails was for apprehended litigation, and their claim of litigation privilege failed. The Plaintiff, a developer, had used insulation that was manufactured using a pre-mixed foam supplied by Covestro in the cons...

May 2019

article

The role of the judge or jury in a defamation case is to determine how the ordinary reasonable reader understands alleged defamatory material. In the case of Stocker v Stocker (2019) UKSC 17 examines how it applies to social media and provides guidance for analysing the meaning of words published on digital platforms such as Facebook and Twitter.

May 2019

article

In Camiveo Ltd v. Dunnes Stores, the Court of Appeal upheld a finding of the High Court that Dunnes Stores were in breach of the planning permission for Edward Square Shopping Centre in Galway by permanently closing doors that facilitated a pedestrian link between that premises and Eyre Square Shopping Centre. It found that the closure of the doors constituted a breach of covenants in the lease...

May 2019

publication

The Irish Collective Asset-management Vehicles Act 2015 (Act) provides for the re-domiciliation of non-Irish corporate funds into Ireland as ICAVs. The Act states that a migrating body may apply to the Central Bank of Ireland (CBI) to be registered as an ICAV by way of continuation.