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  • Article

    Reporting Obligations Under SFTR

    As readers will be aware, the Securities Financing Transactions Regulation entered into force in January of 2016.
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    The 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 Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    The Use Of Side Letters In Investment Limited Partnerships

    The 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 Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Updated 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 Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    New Obligations Imposed On Trusts To Maintain A Register Of Beneficial Owners

    The 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 Sector
    Dillon Eustace
    Dillon Eustace
  • Article

    Companies Bill 2012 - Insolvency

    Publication 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-Structuring
    Dillon Eustace
    Dillon Eustace
  • Article

    High Court Considers Standing To Bring An FSPO Appeal

    In 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').
    IrelandInsurance
    Dillon Eustace
    Dillon Eustace
  • Article

    New Insurance Legislation Signed Into Law

    The 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").
    IrelandInsurance
    Dillon Eustace
    Dillon Eustace
  • Article

    A Contractual Obligation To Act Rationally? The Braganza Duty In An Irish Context

    English 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 & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Contributory Negligence Finding Despite Adherence To Speed Limit

    The 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 & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Damage Limitation - Court Of Appeal Continues To Reduce Personal Injuries Awards

    The 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 & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Is 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 & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Limitation Periods And Investment Schemes

    The 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 & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Removal Of All Dangers From Premises Imposes Unreasonable Burden On Occupiers

    The 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 & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Brexit: Welcome Reprieve For Data Transfers From The EEA To The UK

    At 23.00 (GMT) on 31 December 2020, the transition period agreed under the Withdrawal Agreement between the EU and the UK expired.
    IrelandPrivacy
    Dillon Eustace
    Dillon Eustace
  • Article

    Property Registration Authority Of Ireland Update - COVID-19

    Further 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 Construction
    Dillon Eustace
    Dillon Eustace
  • Article

    Finance Bill 2008

    The 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.
    IrelandTax
    Dillon Eustace
    Dillon Eustace
  • Article

    A Guide To Qualifying Investor AIFs

    Latest 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 Management
    Dillon Eustace
    Dillon Eustace
  • Article

    Central Bank's Intentions To Conduct CP86 Assessments On Management Companies In 2019

    In a speech delivered last month, the Central Bank confirmed its intention to assess firms' implementation of CP86 in 2019.
    IrelandWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    Central Bank Of Ireland Announces Introduction Of Additional Supervisory Levy For Asset Management Firms

    The 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 Management
    Dillon Eustace
    Dillon Eustace

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