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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Enforcement of Foreign Judgments in Ireland

The enforcement of judgments between the EU member states is regulated by the Brussels I Regulation (44/2001, OJL 12/1, 16 January 2001) (“the Regulation”). On the 22nd December 2000, the European Council agreed the Regulation to replace the Brussels Convention on Jurisdiction and Enforcement of Judgments 1968 (“the Brussels Convention”). The purpose of the Regulation was to bring the law contained in the Brussels Convention into the main body of EC Law. The Regulation was implemented in Ireland by Statutory Instrument 52 of 2002, European Communities (Civil and Commercial Judgments) Regulations 2002, which came into force on the 1st March 2002.

Disclosure Requirements with respect to Company Particulars

Directive 2003/58/EC amending Directive 68/151/EEC (the “First Disclosure Directive”) became effective on 1st April, 2007 having been transposed into Irish law by the European Communities (Companies) (Amendment) Regulations 2007 (S.I. No. 49 of 2007) (the “Regulations”).

Legal Privilege

The concept of level privilege provides that certain communications between a client and his solicitor are privileged and immune from subsequent disclosure to a third party. When legal privilege has been established neither the client nor the solicitor can for any reason be compelled to disclose details of this communication.

The Law on Easements

Prescription is the method by which the law gives legal recognition to the existence of an easement which has been enjoyed over a long period as if it had been created initially by a formal grant. An easement is an incorporeal hereditament which is essentially a minor interest in land. The ownership of an easement is a mere right which confers certain rights over the land in question, but never any exclusive right to possession. An easement allows a land owner, by virtue of its ownership of its land, to exercise rights over adjacent lands. These include rights of way, light and water. The common law recognises an easement as enforceable by or against successors in title to the parties who originally created it.

Civil Liability and Courts Act 2004

Personal injury litigation in Ireland has been transformed by the Civil Liability and Courts Act, 2004 (“2004 Act”). Much of the motivation behind the coming into force of the 2004 Act, was to tackle insurance costs, which was blamed on high legal costs in personal injury actions, and insurance fraud.

Landwell Dispute Resolution Bulletin Autumn 2008

September 2008 - Litigation & Dispute Resolution. Legal Developments by Landwell.

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This quarters bulletin discusses the phenomenon of screen scraping, recent developments in Discovery Law, and the under utilised Late Payments Regulations.

Audit Committees

Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts (the “Directive”) is due to be transposed into Irish Law on 29 June, 2008 and provides the rationale for revisiting and amending, if necessary, some of the provisions of Section 42 of the Companies (Auditing and Accounting) Act, 2003 (the “2003 Act”).

Arresting a Ship in Ireland

The 1952 Arrest Convention (“1952 Convention”) was given the force of law in Ireland by the passing of the Jurisdiction of the Courts (Maritime Conventions) Act, 1989 (“the 1989 Act”). The 1989 Act was passed for the purposes of the Convention and left the existing law in relation to ships to which the Convention does not apply unrepealed namely the Courts of Admiralty (Ireland) Acts, 1867 and 1876. We now have a situation in Ireland whereby there is very old legislation governing non Convention ships and relatively recent legislation covering Convention ships.

Credit Crunch - the Impending Litigation Wave

When a client hears from a corporate or financial services partner the words: “You need to talk to a litigation partner”, shivers usually are sent up their spines. For a long number of years that sense of unease was caused by the client getting involved in a process which they felt was foreign to them, took up too much time, was governed by, in their mind, arcane rules and was financially onerous. It was perceived to be a roller coaster ride that one could not get off until the end.

EU Directive On Reinsurance

IV REINSURANCE

EU DIRECTIVE ON REINSURANCE

One of the major new tasks for the Financial Regulator in 2006, following the adoption of the EU Directive on Re-insurance (2005/68/EC), will be the regulation of more than 150 re-insurance companies based in Ireland.

The New Commercial Court & Alternative Dispute Resolution Procedures

February 2005 - Litigation & Dispute Resolution. Legal Developments by Landwell.

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The new Commercial Division of the High Court came into being on 12th January 2004. This newly created Commercial Court is not a Court in itself but a branch of the existing High Court and it will have specialised commercial judges and state of the art facilities so as to enable large scale commercial litigation to be brought in a more rapid and cost effective manner.

Commission Proposes Directive on Reinsurance

In April, 2004 the European Commission presented its proposal for a directive on reinsurance, which is intended to provide a framework for cross-border operations of reinsurance undertakings on the basis of supervision by home state competent authorities. The supervisory function must be exercised in line with provisions which will be applicable to all Member States.

EC Insurance Mediation Directive

The EC Insurance Mediation Directive must be implemented by Member States by 15th January 2005. The Directive applies to insurance and reinsurance intermediaries providing mediation services for insurance contracts. "Insurance mediation" means "introducing, proposing or carrying out other work preparatory to the conclusion of contracts of insurance, or of concluding such contracts, or of assisting in the administration and performance of such contracts, in particular in the event of a claim." The Directive requires Member States to introduce minimum authorisation requirements for these entities and introduces a passporting system for those authorised insurance intermediaries which will allow the intermediaries to operate cross-border under freedom of services or freedom of establishment arrangements.

Company Directors - Insuring Against Risk Update

February 2005 - Litigation & Dispute Resolution. Legal Developments by Landwell.

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Section 56 of the Companies (Auditing and Accounting) Act 2003 ("Section 56") amends existing legislation so as to clearly facilitate for the first time in Ireland, Directors and Officers ("D & O") Insurance.

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