ArticleReporting Obligations Under SFTRAs readers will be aware, the Securities Financing Transactions Regulation entered into force in January of 2016. IrelandFinance and BankingDillon Eustace
ArticleThe Standard Of Proof For Service Of Demand Letters – Ruling In ‘Declan Mcdonald v Thomas Michael Hill’ [2014] IEHC 629 (Judgment Delivered 25 November 2014)The central issue in this case is the standard of proof that the Bank must demonstrate to prove that a letter of demand had been sent prior to the appointment of a receiver.IrelandFinance and BankingDillon Eustace
ArticleThe Use Of Side Letters In Investment Limited PartnershipsThe Irish investment limited partnership (the "ILP"), now re-shaped as a flexible fund investment vehicle following amendments made to the existing Investment Limited Partnership Act, 1994...IrelandFinance and BankingDillon Eustace
ArticleUpdated ESMA Q&A On Market Abuse Regulation (EU596/2014) ("MAR") Considers Potential Inside Information In The Context Of Collective Investment Undertakings ("CIU")ESMA published a revised MAR Q&A on 29th March 2019. IrelandFinance and BankingDillon Eustace
ArticleNew Obligations Imposed On Trusts To Maintain A Register Of Beneficial OwnersThe Department of Finance has published the European Union (Anti-Money Laundering: Beneficial Ownership of Trusts) Regulations 2019 which came into effect on 29 January 2019. IrelandGovernment, Public SectorDillon Eustace
ArticleCompanies Bill 2012 - InsolvencyPublication of the Companies Bill 2012 by the Minister for Jobs, Enterprise and Innovation on 21 December 2012 proposes a significant reform of Ireland’s company law regime.IrelandInsolvency/Bankruptcy/Re-StructuringDillon Eustace
ArticleHigh Court Considers Standing To Bring An FSPO AppealIn Chubb European Group SE v. Financial Services and Pensions Ombudsman [2023] IEHC 74, the High Court set aside a decision of the Financial Services and Pensions Ombudsman (‘FSPO').IrelandInsuranceDillon Eustace
ArticleNew Insurance Legislation Signed Into LawThe Insurance (Miscellaneous Provisions) Bill 2022 ("the Bill") was signed into law by President Michael D. Higgins on 27 June 2022 as the Insurance (Miscellaneous Provisions) Act 2022 ("the Act").IrelandInsuranceDillon Eustace
ArticleA Contractual Obligation To Act Rationally? The Braganza Duty In An Irish ContextEnglish courts have, for a number of years, recognised that there is an implied duty on a party exercising contractual discretion to do so reasonably or rationally, often referred to as a ‘Braganza duty'.IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleContributory Negligence Finding Despite Adherence To Speed LimitThe High Court, in James v Halliday [2024] IEHC 281, has held that the estate of a tractor driver was 75% liable for a fatal road traffic accident, which also caused significant injuries...IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleDamage Limitation - Court Of Appeal Continues To Reduce Personal Injuries AwardsThe recent Court of Appeal decision in Leidig v O'Neill [2020] IECA 296 is the latest in a series of decisions in which general damages for personal injuries have been revised downward on appeal.IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleIs Capping Damages In Personal Injuries Actions Constitutional?The Law Reform Commission has published a report examining whether it is constitutionally permissible to place an upper limit on general damages in personal injuries cases.IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleLimitation Periods And Investment SchemesThe High Court in Cantrell has recently determined a number of preliminary issues involving the circumstances that will bar a plaintiff's claim under the Statute of Limitations.IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleRemoval Of All Dangers From Premises Imposes Unreasonable Burden On OccupiersThe High Court (Humphries J.) has affirmed a decision of the Circuit Court, dismissing a plaintiff's personal injuries action on the basis that the action did not succeed under ...IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleBrexit: Welcome Reprieve For Data Transfers From The EEA To The UKAt 23.00 (GMT) on 31 December 2020, the transition period agreed under the Withdrawal Agreement between the EU and the UK expired. IrelandPrivacyDillon Eustace
ArticleProperty Registration Authority Of Ireland Update - COVID-19Further to their closure on 27 March 2020, the Property Registration Authority (PRA) announced that in order to facilitate property transactions they will be open to receive applications via An Post...IrelandReal Estate and ConstructionDillon Eustace
ArticleFinance Bill 2008The Finance Bill 2008 (as initiated) was released yesterday 31st January 2008 and there have been some welcome amendments included to assist the funds industry in administering the 8 year deemed disposal rules.IrelandTaxDillon Eustace
ArticleA Guide To Qualifying Investor AIFsLatest available statistics at May 2015 indicate that there are now 1,920 QIAIFs (including sub-funds) representing in excess of Euro 355 billion in net assets.IrelandWealth ManagementDillon Eustace
ArticleCentral Bank's Intentions To Conduct CP86 Assessments On Management Companies In 2019In a speech delivered last month, the Central Bank confirmed its intention to assess firms' implementation of CP86 in 2019.IrelandWealth ManagementDillon Eustace
ArticleCentral Bank Of Ireland Announces Introduction Of Additional Supervisory Levy For Asset Management FirmsThe Central Bank yesterday confirmed that with effect from 1 January 2019, it will apply a once-off additional supervisory levy ("ASL") to any asset management firms authorised on or after that date. IrelandWealth ManagementDillon Eustace