High Court Rejects Proposal to Warehouse Mortgage

Article

In a High Court decision of 22 May 2017, Baker J rejected a proposal by a secured lender to write down a portion of a debtor couple's mortgage debt. This proposal was rejected because future repayment of the warehoused part of the loan was not predicated on an ability to repay and the proposal was therefore capable of creating circumstances amounting to insolvency at the end of the mortgage term.

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Supreme Court says Third Party Funding a Matter for the Legislature

Article

The Supreme Court today (23 May 2017), by a majority of four to one, upheld a High Court ruling which found that commercial funding of the litigation in Persona Digital Telephony Ltd & anor v The Minister for Public Enterprise, Ireland & ors would amount to maintenance and champerty and was prohibited by law. The Supreme Court observed that issues surrounding litigation funding were complex matter

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FinTech in Ireland 2017

Article

Claire Morrissey, IP & Technology Partner and Peter Walker, Banking & Finance Partner, outline the current laws and regulations relating to FinTech in Ireland. First published in The International Comparative Legal Guide (ICLG) to: FinTech 2017 by Global Legal Group Ltd.

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When a bet’s not a bet in Ireland

Article

In a recent decision by the Circuit Court in Ireland, it was held there is no legal guarantee under Irish law that gamblers will be paid their winnings as the applicable legislative regime in Ireland, the Gaming and Lotteries Act 1956 ("the 1956 Act"), prohibits the enforcement of gambling contracts. Joe Kelly, Partner, and Head of Gaming & Betting, discusses the wider implications of this court d

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Time Limits to Complain to Financial Services and Pensions Ombudsman to be Extended

Article

The Financial Services and Pensions Ombudsman Bill 2017 was published on 10 May 2017. The purpose of the Bill is to amalgamate the offices of the Financial Services Ombudsman and Pensions Ombudsman and to consolidate and update existing legislation. More importantly, the Bill provides for an extension of the time limits to bring complaints to the Ombudsman in respect of pension products and longer

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Reasonable Accommodation - What’s Reasonable?

Article

A recent determination (ADJ – 00000557) from the Workplace Relations Commission (the WRC) provides further insight and guidance for employers on the scope of their duty to reasonably accommodate a disabled employee.

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