Jun 2019

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In Tír Na N-Óg Projects (Ireland) Ltd v P.J. O'Driscoll & Sons [2019] IECA 154, Peart J, for the Court of Appeal, found that the applicant's failure to institute judicial proceedings to obtain a default planning permission within the prescribed time limit was the prima facie cause of the respondent's inability to satisfy a future costs order. The Court of Appeal upheld the decision of the High...

Jun 2019

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In Waterford Credit Union Ltd v J & E Davy [2019] IECA 157 the Court of Appeal refused discovery of a category of documents, even though it deemed them both relevant and necessary, because the plaintiff's solicitors had breached their undertaking not to disclose information contained in documents discovered in unrelated proceedings. Peart J refused to order discovery to prevent the defendant su...

Jun 2019

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Máire Conneely (Litigation & Dispute Resolution Senior Associate) recently attended the IAGA International Gaming Summit in California (4-6 June). Over the course of three days, the 2019 Summit included a wide range of sessions focused on key issues facing the global gambling industry. As part of this Máire featured an article in the June Issue of G3 (Global Games and Gaming Magazine) where sh...

Jun 2019

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This decision clarified that all 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 same ramifications for employers here as it will have for employers in other European Union jurisdictions. That said, the practica...

Jun 2019

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Domestic News – There are many noteworthy items to report cross-sectorally on the domestic front this month, however the most notable being, the keynote speech on the topic of the Senior Executive Accountability Regime (SEAR) delivered by the Director General of the CBI Derville Rowland. European News - On the European front, ESMA has published data for the double volume cap and the system int...

Jun 2019

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Two CBI publications shed light on the CBI's expectations this month: the Intermediary Times Newsletter which provides updates on Brexit planning and a keynote speech by the Deputy Governor of the CBI at the Insurance Ireland annual lunch in which he addressed some challenges and common issues arising in the insur...

Jun 2019

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Domestic News – Once again, the EMIR Refit Regulation and Director Michael Hodson's keynote speech are notable developments on the domestic funds front this month European News – In terms of European developments, the impending entry in to force of both the second shareholders rights' Directive (SRD II) and the Delegated EuSEF Regulation with regards to social entrepreneurship funds are notabl...

Jun 2019

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Domestic News – On the domestic front, there have been no notable developments, however the Director of Asset Management and Investment Banking of the CBI discussed the new prudential regime for investment firms, which was agreed in April, in his keynote speech. European News – There have been many developments on the European front this month, most notably relating to the publishing of the EMI...

Jun 2019

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Domestic News – on the domestic front, there was a large focus on effective supervision this month within the Central Bank of Ireland (CBI), as it featured in two keynote speeches. European News – there have been several consultations on technical standards at European level this month.

Jun 2019

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​In ​Times Travel (UK) Ltd v Pakistan International Airlines Corporation [2019] EWCA Civ 828 ​the Court of Appeal found that ​a lawful act, done in good faith did not ​constitute illegitimate pressure giving rise to a right of avoidance of a contract on the basis of economic duress. ​Background The defendant was the only airline flying directly between the UK and Pakistan. The plaintiff's bus...