Jan 2017

Article

In RPS Consulting Engineers Limited ("RPS") v Kildare County Council (the "Council"), the High Court found that the Council had a legal obligation to provide RPS, an unsuccessful tenderer, with reasons that have been individually considered and formulated so as to clearly specify the relative advantages of the winning tenderer over RPS.

Jan 2017

Article

In Powerteam Electrical Services Limited ("Powerteam") v Electricity Supply Board ("ESB") the High Court granted an application for the lifting of an automatic suspension order. The Court applied the established Campus Oil principles holding that while damages would not be an adequate remedy for the applicant, the balance of convenience clearly favoured the lifting of the suspension.

Jan 2017

Article

In Leahy v Bailey & ors [2016] IEHC 592, High Court, Keane J, 28 October 2016, the liquidator sought a declaration of restriction against the three respondent directors pursuant to Section 819(1) of the Companies Act 2014.

Jan 2017

Article

Following the Irish Ferries case which we reported on (click here to recap), the Labour Court has issued its decision in Transdev Light Rail Limited v Michael Chrzanowski, in favour of an employer who enforced a mandatory retirement age of 65. The Labour Court affirmed the decision of the Ajudication Officer.

Jan 2017

Article

In BAM v the National Treasury Management Agency ("NTMA"), the High Court found that the NTMA had a power to accept and evaluate tender documents submitted after the tender deadline. This is the first case where the issue of late tenders has been considered in detail by an Irish court and the first case where an Irish court has ruled on the issue of late tenders in the context of a completely elec

Jan 2017

Article

In Word Perfect Translation Services Limited ("Word Perfect") v The Commissioner of an Garda Síochána (the "Commissioner"), the High Court held that Word Perfect's application for injunctive relief did not concern: (a) an alleged wrong taking place during the course of a procurement procedure; or (b) an application for review at the end of a procurement procedure.

Jan 2017

Article

In MB Refrigeration and Air Conditioning Ltd (In Liquidation) v Allied Irish Banks Plc [2016] IEHC 753, High Court, Barrett J, 21 December 2016, the Liquidator of the plaintiff company sought a declaration that certain transactions between 13 August 2013 and 4 October 2013 on a particular AIB account, constituted dispositions of the property of the plaintiff made after the commencement of its wind

Jan 2017

Article

Ireland leads the way as an aircraft leasing jurisdiction and new developments for 2017 will further strengthen Ireland’s position. Ireland is already one of the most popular jurisdictions for aircraft leasing due largely to the fact that Ireland’s fiscal regime offers substantial advantages to the aircraft leasing industry

Jan 2017

Article

Ireland leads the way as an aircraft leasing jurisdiction and new developments for 2017 will further strengthen Ireland’s position. Ireland is already one of the most popular jurisdictions for aircraft leasing due largely to the fact that Ireland’s fiscal regime offers substantial advantages to the aircraft leasing industry.

Jan 2017

Article

2016 was certainly a year to remember in the financial services sector. With the implementation of the Senior Managers and Certification Regime (SM&CR) which came into effect in March 2016, financial institutions will no doubt be aware of the shift of responsibility from regulatory bodies to corporate organisations and; ultimately, to individuals in their personal capacity holding senior....