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  • Article

    High Court Stays Personal Injury Proceedings To Allow A Medical Examination By A Second Orthopaedic Surgeon For The Defendant

    In O'Donovan v Cork County Council [2024] IEHC 33, the High Court agreed to stay personal injury proceedings on foot of an application by the defendant that the plaintiff undergo a medical examination...
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    New High Court Practice Directions Introduced For Clinical Negligence Actions

    A new High Court Practice Direction (HC131), in respect of applications for a trial date in clinical negligence proceedings before the High Court...
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Tanager V Kane – Court Of Appeal Judgment

    Following the decision in the Circuit Court and the interim ruling in the High Court on appeal, the Court of Appeal delivered a judgment on 31 October 2018 in relation to certain questions of law...
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    The Judicial Council And Personal Injuries

    The Judicial Council (the Council), which consists of all of the Judges in the State, met in full for the first time on 7 February 2020.
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    The ‘Best Evidence Rule’ – ‘ACC Bank Plc V Michael Byrne And Sean O'Toole’ [2014] IEHC 530 (Judgment Delivered 13 January 2015)

    This case related to a claim by ACC Bank plc for a summary judgment against the first named Defendant on foot of a personal guarantee of €250,000 in respect of a loan facility to a company of €3.9m.
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    "Totally Unrealistic" Claims And Costs Implications

    The recent decision of the High Court in Dardis v Poplovka [2017] IEHC 249 highlights the fact that while costs generally follow the event the court can look behind the rule and exercise its discretion...
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Index Tracking UCITS

    One of the cornerstones of UCITS since the introduction of the original UCITS Directive in 1985 has been the imposition of strict risk spreading requirements.
    IrelandWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    Money Market Funds Regulation ("MMF Regulation") Update

    On the 28 September 2018, ESMA published a Consultation Paper setting out draft guidelines on stress test scenarios under the MMF Regulation, which applies to all new and existing money market funds ("MMFs").
    IrelandWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    New Irish Fund Structure To Facilitate U.S. Investment

    The Irish Minister for Finance has announced that he has approved the development of legislative proposals for a new corporate structure for the Irish funds industry (the "SICAV").
    IrelandWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    Peer To Peer (P2P) Lending – Withholding Tax Obligations – Borrowers (And Lenders) Beware

    Section 246 of the Taxes Consolidation Act, 1997 requires the deduction of income tax at the standard rate from annual (yearly) interest paid by (i) companies ...
    IrelandWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    UK Government Confirms Equivalence Of EEA UCITS Under The Overseas Fund Regime

    On 30 January 2024, the HM Treasury confirmed the granting of an equivalence decision for states in the EEA under the UK Overseas Fund Regime ("OFR").
    United KingdomFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    The Limited Liability Companies Bill, 2015

    The Limited Liability Companies Bill, 2015 was published on 18th December 2015.
    Cayman IslandsCorporate/Commercial Law
    Dillon Eustace
    Dillon Eustace
  • Article

    Cayman Islands Anti-Money Laundering Regulations Update

    The Cayman Islands Monetary Authority ("CIMA) has provided welcome clarification on certain points of ambiguity within the Anti-Money Laundering Regulations, 2017 ("AML Regulations") which came into force on 2 October, 2017, and the corresponding guidance notes ("Guidance Notes") issued by CIMA on 13 December, 2017 by way of a notice issued on 6 April, 2018 (the "Notice").
    Cayman IslandsGovernment, Public Sector
    Dillon Eustace
    Dillon Eustace
  • Article

    Cayman Responds To Global Regulation Challenges

    Last year’s Weavering case, in which Justice Jones QC examined in detail the role of independent directors and the operation of a Cayman fund, proved to be a watershed moment for the Cayman Islands.
    Cayman IslandsWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    The Companies (Amendment) Law, 2015 And Amnesty For Late Filing Of Changes To The Register Of Directors And Officers Of A Company

    The Companies (Amendment) Law, 2015 (the "Amendment Law") was published in the Cayman Islands Gazette on 23 September, 2015. It is to come into effect on 2 November, 2015.
    IrelandCorporate/Commercial Law
    Dillon Eustace
    Dillon Eustace
  • Article

    EMIR Update – Central Bank Issues Statement On The Variation Margin Requirements For Physically-Settled FX Forwards

    The Central Bank issued a statement on 19 December 2017 in response to the European Supervisory Authorities ("ESAs") joint statement on 24 November 2017 in respect of the requirement...
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    ESMA Guidelines On Repurchase And Reverse Repurchase Agreements

    On 25 July 2012, the European and Securities Markets Authority (ESMA) published guidelines for certain types of Undertakings for Collective Investment in Transferable Securities (UCITS), including UCITS Exchange-Traded Funds (ETFs), and other UCITS-related issues, referred to as the Guidelines on ETFs and Other UCITS Issues (the ETF Guidelines).
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Euronext Dublin – Regulated Market – Continuing Obligation Requirements

    The memorandum summarises the ongoing obligations for funds listed on the Regulated Market (the "RM") of Euronext Dublin ("Euronext" and previously The Irish Stock Exchange).
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Irish Law ISDA Client Briefing

    With the reality of Brexit continuing to loom large in the financial services industry generally and market participants looking to formulate their contingency arrangements for whatever form Brexit may take...
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Springboard Mortgages Limited Fined €4.5m By The Central Bank Of Ireland

    A good example of the increased tendency by the Central Bank of Ireland, to use its enforcement powers, in tandem with its supervisory powers is its recent settlement with Springboard Mortgages Limited...
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace

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