Attempt to settle with only one of several Defendants backfires

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The Defender v HSBC decision highlights the pitfalls that can arise when several parties have contributed to the same loss, especially if a claimant fails to pursue both defendants, particularly if it settles with one of the guilty parties. Defender Limited, an investment fund, invested $540 million with a Bernie Madoff company (Madoff). After M...

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Court of Appeal dismisses creditor’s objection to merger by absorption of Bank of Ireland Private Banking with the Governor and Company of the Bank of Ireland

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In a decision handed down on 5 December last, the Court of Appeal (Irvine J, Whelan J and Baker J) has dismissed an appeal brought by a creditor of Bank of Ireland Private Banking (BOIPB) against a merger, in which A&L Goodbody was involved, of BOIPB with the Governor and Company of the Bank of Ireland (BOI).

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Financial Services Regulation & Compliance - Cross Sectoral December 2018

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On the domestic front, the Director of Securities Markets Supervision, Colm Kincaid, gave a speech on the role of RegTech in financial services and the CBI published a consultation paper on proposed AML guidelines to supplement part of the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018. On the European front, the ECB published the final...

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Financial Service Regulation and Compliance - Insurance December 2018

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It was a relatively busy month on the domestic front. The CBI published its latest Insurance Quarterly Newsletter and the latest edition of the Intermediary Times. It also published a consolidated view of publically available data for (re)insurance undertakings. From a European perspective, the European Insurance and Occupational Pensions Authority (EIOPA) published the results of the 2018...

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Financial Service Regulation and Compliance - Funds December 2018

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On the domestic front, the CBI Director General Derville Rowland delivered a speech noting that the CBI has begun an analysis of 2,000-plus Irish domiciled Undertakings for the Collective Investment in Transferable Securities (UCITS) funds that report to be actively managed. The UK Treasury also published a draft Statutory Instrument in respect of the proposed Temporary Permission Regime...

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Publication of the Companies (Amendment) Bill 2019

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The Companies (Amendment) Bill 2019 (the Bill) has been published. This is a very short Bill with just two proposed sections to amend section 343 of the Companies Act 2014 (the Act) with respect to the time periods permitted for the filing of annual returns.

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