Feb 2015

Article

In Patrick O'Leary Trading as O'Leary Lissarda v John Ryan [2015] IEHC 820 the Irish High Court considered an application for an order pursuant to Articles 34(2)(a)(ii) and (iii) of the UNCITRAL Model Law to set aside an arbitral award.

Feb 2015

Article

In O'Shea v The Financial Services Ombudsman [2016] IEHC 6, Mr O'Shea complained of the failure of the Financial Services Ombudsman (the "FSO") to hold an oral hearing into his complaint that his home insurance company had unfairly rejected two claims.

Jan 2015

Article

On the International Front, we look at the ESMA discussion paper on UCITS share classes, ESMA Q&A on ETFs and other UCITS issues, ESMA Q&A on the Application of the AIFMD, AIFMD reporting by NCAs to ESMA, MMF Regulation, Benchmark Regulation, Fourth Anti Money Laundering Directive and Wire Transfer Regulation, Risk Mitigation standards for non-centrally cleared OTC derivatives, ESMA advice and opi

Jan 2015

Article

Declan McDonald v Thomas Michael Hill [2014] IEHC 629 In a recent judgment of Mr. Justice Binchy, an issue arose surrounding the standards of proof that a bank must demonstrate to prove that a letter of demand was sent to a mortgagee prior to the appointment of a receiver.

Jan 2015

Article

The High Court in Harrold V Nua Mortgages Limited [2015] IEHC 15 has again made clear that there is no tort of reckless lending in this jurisdiction and that it is not prepared to entertain 'fanciful' arguments by borrowers seeking to repudiate their loans.

Jan 2015

Article

The Work and Families (Northern Ireland) Act 2015 ("WFA") will come into full legal effect in Northern Ireland in early April 2015, having received Royal Assent earlier this month.

Jan 2015

Article

The Supreme Court has dismissed an appeal by Irish Asphalt in Noreside Construction Ltd v Irish Asphalt [2014] IESC 68.

Jan 2015

Article

Following agreement last month by local politicians, the Corporation Tax (Northern Ireland) Bill was introduced on 8 January 2015 which provides for the devolution of Corporation Tax rate setting powers to the Northern Ireland Assembly.

Jan 2015

Article

In James Elliot Construction v Irish Asphalt Ltd [2014] IESC 74, which involved the supply of defective infill material, the Supreme Court held that an appeal by Irish Asphalt should be dismissed, but such an order was subject to any issue of European law which the Court was referring to the Court of Justice of the European Union.

Jan 2015

Article

The Department of Finance has published the "Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015".