Apr 2019

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Brexit will increase costs for businesses and, ultimately, prices for consumers. The question is by how much. “Prices will go up for three reasons: import customs duties, the cost of compliance and the risk of delays,” says Carol Lynch, partner BDO Customs and International Trade Services. The general feeling is that, combined, they will increase the cost of doing business by an average of 10...

Apr 2019

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Business leaders have emerged as clear voices in contrast to the bickering in Westminster Demonstrators supporting a British departure from the European Union, in London in June, 2016. Photograph: Adam Ferguson/The New York Times The backdrop to Brexit is an era of declining global trust, with disillusioned and disenfranchised voters causing shock election results, as well as angry protests b...

Apr 2019

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In the recent case of Bates v Post Office [2019] EWHC 606 (QB) (Bates) the English High Court found that an implied duty to act in good faith exists in 'relational contracts'.  Traditionally, English and Irish contract law has not recognised an implied duty of good faith (with the exception of specific contractual relationships such as insurance or partnership agreements). This contrasts with...

Apr 2019

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The European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2019 came into force on 22 March 2019, with the exception of Part 3. Part 3, which deals with the Central Register of Beneficial Ownership, will come into force on 22 June 2019...

Apr 2019

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On 2 April 2019, the European Commission adopted an interesting decision in regard to the UK's "Controlled Foreign Company" ("CFC") rules. The Commission decided that the rules were partly compatible and partially incompatible with EU State aid law. The case is interesting because it demonstrates that the EU State aid rules continue to apply in the UK notwithstanding its "intention" to leave the

Apr 2019

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The EDPB has published its first review of the implementation of the GDPR, in particular the functioning of the cooperation and consistency mechanism. The GDPR requires EU Data Protection Supervisory Authorities (SAs) to cooperate in order to provide a consistent application of the GDPR. The EDPB concludes that nine months after the entry into force of the GDPR, the cooperation and consistency...

Apr 2019

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In Cavanaghs of Charleville Ltd. v. Fitzpatrick [2019] IEHC 161  a refusal to direct arbitration was quashed and remitted to the Circuit Court by the High Court in judicial review proceedings. It was held that the Circuit Court must examine the applicability of an arbitration clause in light of the circumstances surrounding the case. Background The dispute arose from the purchase of a motor v...

Apr 2019

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The Government Chief Whip, Seán Kyne TD, has published the Government’s legislation programme for Summer 2019.  The updated programme follows on from the special programme launched in January 2019 which focused on Brexit. We have set out below the key data protection and technology-related legislation coming down the tracks. Priority Legislation Communications (Retention of Data) Bill –  This...

Apr 2019

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A regulation on the screening of foreign direct investments (FDI) into the European Union has been approved by both the European Parliament and the Council (Regulation 2019/452/EU). The Regulation establishes a framework for the screening by Member States of foreign direct investments into the Union on the grounds of security or public order. It also provides a mechanism for cooperation between...

Apr 2019

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Many commercial organisations who fall within the scope of the Modern Slavery Act (MSA) are now receiving further correspondence from the Home Office on modern slavery compliance. The Home Office has confirmed its intention to have commenced an audit of compliance by 31 March 2019. By this time, organisations must have assessed their obligations and be actively in compliance with those obligat...