ArticleDevelopments In Data Privacy Case LawThis summer has seen significant developments on both sides of the Atlantic in legal cases concerning international data privacy law. IrelandPrivacyMatheson
ArticleWhen The Levee Breaks: UK Court Quashes Levy-Free Private Copying ExceptionPursuant to copyright law in both the UK and Ireland, the creator of a work has a number of exclusive rights that they can exercise to restrict others from using their work. European UnionIntellectual PropertyMason Hayes & Curran LLP
ArticleKeep Open Covenant In A LeaseThe High Court considered the enforcement of a "keep open" covenant in a lease and whether the tenant of the anchor supermarket unit would be forced to keep trading where it was operating at a loss.IrelandReal Estate and ConstructionMason Hayes & Curran LLP
ArticleData Protection Day 2016 – 4 Trends For The Coming YearToday's date marks Data Protection Day 2016 – a day aimed at raising awareness and promoting best practices for privacy and data protection.European UnionPrivacyMason Hayes & Curran LLP
ArticleFinance Bill 2020 Proposals – Improvements To The Practice & Procedure Of The Tax Appeals CommissionSection 56 of the Finance Bill 2020 proposes new powers for the Appeal Commissioners to ensure compliance with certain case management directions issued by them. IrelandFinance and BankingWilliam Fry LLP
ArticleNew ECHR Case On Excessive Length Of Civil Proceedings In Ireland – Keaney -v- IrelandBy Lisa Mansfield & Therese CollinsIrelandGovernment, Public SectorRDJ LLP
ArticleHigh Court: Impact On Professional Indemnity Insurance A Factor In Dismissal Of Negligence ClaimThe High Court dismissed a plaintiff's action for professional negligence against two separate law firms on the grounds of inordinate and inexcusable delay.IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleSupreme Court On Obligations In Lender Borrower Relationship: National Asset Loan Management Limited v Tom Coyle [2014] IESC 27Where there are clear questions of law and where there is no risk of injustice to the parties, the court is entitled to grant summary judgment.IrelandLitigation, Mediation & ArbitrationArthur Cox
ArticleThe Supreme Court Of Ireland Provides Welcome Clarification On Dismissing Proceedings For DelayIn its recent judgment in Brendan Kirwan -v- Marguerite Connors trading under the style of MJ O'Connor Solicitors & Ors, the Supreme Court of Ireland has clarified the law surrounding applications to dismiss proceedings for want of prosecution/delay. IrelandLitigation, Mediation & ArbitrationAddleshaw Goddard
ArticleThe Tax Appeals Commission Annual Report 2021The Tax Appeals Commission was established in 2016, replacing the Appeal Commissioners as the body responsible for administering tax appeals across all tax heads.IrelandTaxWilliam Fry LLP
ArticleIrish Tax Appeals Commission Annual Report 2022The Irish Tax Appeals Commission (the "TAC") published its annual report for 2022 on 2 May 2023. The report details, in the words of its chairperson, Marie-Clare Maney, a "record-breaking year...European UnionLitigation, Mediation & ArbitrationMaples Group
ArticleLandmark Judgment Limits Dawn Raid Powers Of CCPCOn 6 April 2016, Judge Barrett of the Irish High Court ruled that the Competition and Consumer Protection Commission (CCPC) unlawfully seized entire email accounts during a 2015 dawn raid. IrelandAntitrust/Competition LawMatheson
ArticleHigh Court And Court Of Appeal Address Novel Issues In Two Recent Companies Act ApplicationsIn two recent cases, the High Court and Court of Appeal addressed two different applications under the Companies Act 2014 (the "Act").IrelandCoronavirus (COVID-19)Arthur Cox
ArticleAustria Asphalt: ECJ Clarifies The Application Of The EU Merger Regulation To Joint VenturesThe European Court of Justice ("ECJ") has recently handed down a rare judgment on the interpretation of the EU Merger Regulation ("EUMR").IrelandCorporate/Commercial LawArthur Cox
ArticlePensions Update: Landmark Ruling Points The Way Forward For Pension Schemes In IrelandIn July 2017, the UK Supreme Court unanimously ruled in Walker v Innospec Limited & Others that an exemption in the UK Equality Act 2010 is discriminatory and in breach of EU equality law. IrelandEmployment and HRMason Hayes & Curran LLP
ArticleJudicial Review Of Planning Decision On Climate Grounds Successfully DefendedWilliam Fry LLP was pleased to act for Tesco Ireland Limited in its successful defence of a judicial review challenge to its grant of planning permission for a new Tesco store...IrelandEnvironmentWilliam Fry LLP
ArticleFinancial Services Update: Are You Registered As Charge Holder?This case is of relevance for entities/individuals who have acquired Irish loans/Irish loan portfolios and who wish to rely on statutory enforcement rights rather than contractual enforcement rights...IrelandFinance and BankingMason Hayes & Curran LLP
ArticleRepossessions Update: Bank Of Ireland -v- Adrian Blanc And Lucille BlancAs the tracker mortgage review continues to develop, it is becoming increasingly common for defendants in summary judgment and/or repossession proceedings to allege that the loanIrelandFinance and BankingRDJ LLP
ArticleThe Practical Implications For Receivers Arising Out Of Kavanagh v McLaughlinIn the McLaughlin case a number of issues were considered by the Supreme Court arising out of the appeal by the McLaughlins of the unreported decision of Mr. Justice Bermingham given on the 30th of September 2013. IrelandFinance and BankingHogan Dowling McNamara