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  • 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 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

    Draft Amended Personal Injuries Guidelines Submitted To The Minister For Justice

    Further to a meeting of the Judicial Council on 31 January 2025, the draft amendments to the Personal Injuries Guidelines, (Draft Amended Guidelines) have been submitted to the Minister for Justice pursuant...
    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

    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

    Government To Establish A New Corporate Enforcement Authority

    In November 2017 the Government published a series of measures which it intended to take to tackle white collar crime (the "Measures").
    IrelandWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    The Common Reporting Standard For Cayman Funds Key Differences From FATCA

    This briefing outlines the key steps which will need to be addressed by Cayman funds and their managers and general partners in order to ensure compliance with the Cayman CRS Regulations.
    Cayman IslandsTax
    Dillon Eustace
    Dillon Eustace
  • Article

    Not Shy And Not Retiring

    New guidance on issues surrounding retirement has been published by the Department of Business, Enterprise and Innovation.
    IrelandEmployment and HR
    Dillon Eustace
    Dillon Eustace
  • Article

    Court Of Appeal Overturns High Court Decision On Costs

    In a 2022 judgment, the High Court held that the Minister for Public Expenditure and Reform (‘the State') was not entitled to full costs in respect of the successful defence of public procurement proceedings...
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    High Court Considers Legal Costs Arising From Accident Caused By Untraced Driver

    In a set of related appeals, the High Court held that an untraced driver caused a collision that resulted in a plaintiff's injuries. Another defendant was let out of the proceedings...
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    GDPR: Judicial Remedies

    With less than a year to the introduction of the General Data Protection Regulation (EU) 2016/679 (the "GDPR") it is important to consider the potential consequences for data controllers and data processors in the event of a breach.
    IrelandPrivacy
    Dillon Eustace
    Dillon Eustace
  • Article

    The New Central Bank Outsourcing Register And Submission Requirements

    In December 2021 the Central Bank of Ireland (the "Central Bank") published its Cross-Industry Guidance on Outsourcing (the "Outsourcing Guidance") and its feedback statement on its Consultation Paper 138...
    IrelandWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    The Regulation Of Crowdfunding In Ireland

    Crowdfunding involves individuals and businesses, in particular start-ups and SMEs, raising finance, usually in small monetary amounts from multiple sources, rather than by means of...
    IrelandWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    Market Abuse A New Regime For Debt Issuers

    Issuers should consider which competent authorities are relevant to each set of obligations.
    European UnionWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    Ireland Gets ELTIF-Ready

    On 1 November 2023, the Central Bank of Ireland (Central Bank) published a consultation paper outlining the proposed domestic supervisory and reporting framework...
    IrelandWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    Offering, Segregation And NAV Requirements For Regulated Hedge Funds

    The Cayman Islands Monetary Authority has published rules regarding the contents of offering documents, segregation of assets and the calculation of net asset values of Cayman Islands ...
    Cayman IslandsFinance and Banking
    Dillon Eustace
    Dillon Eustace

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