Financial Service Regulation and Compliance - Banking February 2019

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On the domestic front, the CBI published the penultimate update on the Tracker Mortgage Examination; Derville Rowland, Director General, Financial Conduct of the CBI gave a speech on behaviour and culture in the Irish banking sector; On the European front, the ECB published a paper discussing markets, banks and shadow banks...

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Proportionality in defamation awards: Court of Appeal reduces defamation award from €10 million to €250,000

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Speedread: The principles outlined by the Court of Appeal last week for assessing damages in defamation cases suggest that the recovery of 'windfall' awards may be a thing of the past. On 28 February 2019, the Court of Appeal gave judgment in Kinsella v Kenmare Resources plc and Carvill, setting aside what had been the largest ever defamation award in the State. Background In the High Court,...

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Supreme Court recognises that criminal trials may be prohibited for ‘officially induced errors’

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Speed Read 'Officially induced error' relates to circumstances where a person relies on incorrect advice from an official authority as to the law, resulting in the commission of a criminal offence by that person.  In recognition of the potential injustice that would be caused by a guilty verdict, the Supreme Court has endorsed officially induced error as an exception to the rule that ignorance...

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BREXIT: where are we?

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There are now three main avenues: UK leaves on 29 March 2019 without a deal UK asks, and the EU Member States agree unanimously, to extend the Brexit negotiating period beyond 29 March 2019 UK leaves on 29 March 2019 with a deal No Deal Brexit The first – the "crash out" or "no deal Brexit" – is currently a c.10% option.  If this were to happen, it would happen because of a row or an accident...

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Irish Data Protection Law – 2018 in Review

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By any measure, 2018 was a historic year for data protection law with the coming into effect of the GDPR on 25 May 2018. Ireland plays an important role in the regulation and enforcement of data protection law and decisions of the Irish courts have had a disproportionate impact on European data protection jurisprudence.

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State Aid and Sport

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The application of the State aid rules in the context of sport has involved a number of high-profile cases and measures. The application of the State aid rules has also had a particularly important effect in Ireland

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