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  • Article

    Company Law Bill 2012 At Committee Stage

    The Companies Bill 2012 reached the Committee Stage of the legislative process in Dáil Éireann 5/11/13.
    IrelandCorporate/Commercial Law
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    The Supreme Court, Full Recourse Loans And Legal Advice

    In Whelan v. AIB (Unreported Supreme Court 30/1/14) the third plaintiff, his wife and children, contracted for a loan to purchase land in Waterford for €25 Million, which later had a value less than €5 million.
    IrelandLitigation, Mediation & Arbitration
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Large High Court Award For Bullying And Stress At Work

    In Ruffley v. Board of Management of St Anne’s School the court found that the plaintiff had been subject to bullying and harassment at work.
    IrelandEmployment and HR
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Construction Contracts Act 2013 (The Act). To What Extent Will The Adjudicator’s Decision Be Open To Challenge.

    The Act provides for a payment claim notice to be sent by the contractor, and a response by the employer, all within a short time frame.
    IrelandReal Estate and Construction
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Changes From The Companies Bill 2012 (Hereinafter The Bill)

    The Bill consolidates, reorganises and reforms company law in a number of respects. The Bill is expected to come into law in 2014.
    IrelandCorporate/Commercial Law
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Duty Of Care And Investment Advice

    In a recent Irish decision, the plaintiff succeeded in an action for damages in relation to loss suffered on investment in contracts for difference.
    IrelandLitigation, Mediation & Arbitration
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Bullying And Harassment At Work

    In Sweeney v. Board of Management Ballinteer Community School the plaintiff succeeded in a personal injury claim for bullying and harassment against a school.
    IrelandLitigation, Mediation & Arbitration
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    The Liability Of Valuers For Negligent Property Valuations

    There is much litigation pending alleging negligent valuations of property that led to losses suffered by plaintiffs. Issues arise as to whether a duty of care is owed, whether the standard of care was reached and the quantification of damages. A recent case addresses some of these issues.
    IrelandLitigation, Mediation & Arbitration
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Some Topical Issues In Construction Law

    Construction litigation is complex, as not only are lawyers heavily reliant on expert reports but there are legal defences that will be raised which must be overcome before those reports even become relevant.
    IrelandReal Estate and Construction
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Recent Decisions On Costs – Costs Against An Insurance Company Coming Off Record, Costs Against A Shareholder Who Is Funding Litigation And After The Event Cost Insurance

    You can get costs against an insurance company even when they legitimately repudiate.
    IrelandInsurance
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Dismissal For Retirement Age

    Section 34 of the Employment Equality Act 1998 makes it not unlawful on the age ground for an employer to fix retirement age and there is no qualification in the Act as to what criteria the employer may use to fix retirement ages.
    IrelandEmployment and HR
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Reducing The Cost And Inconvenience Of Litigation - Modular Or Split Trials

    A party may apply to have a trial split into parts– called split trials or modular trials.
    IrelandLitigation, Mediation & Arbitration
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Insolvency Of Defined Benefit Pension Schemes

    Defined benefit schemes (hereinafter DB schemes) provide members with retirement and death benefits based on formulae set out in the rules of the scheme.
    IrelandEmployment and HR
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    The Employment Injunction

    When an employee is dismissed generally the employee will sue for unfair dismissal in the EAT.
    IrelandEmployment and HR
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Can The Personal Insolvency Act 2012 Be Used To Clear Mortgage Debt?

    A discussion on whether the provisions of the Personal Insolvency Act 2012 can be used to clear mortgage debt.
    IrelandInsolvency/Bankruptcy/Re-Structuring
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Trustees Obligation On The Insolvency Of A Defined Benefit Pension Scheme

    A decision of the commercial court this week sheds light on the obligations of a trustee of the insolvency of a defined benefit (DB) pension scheme
    IrelandEmployment and HR
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    Objective Grounds Justifying Renewal Of Fixed Term Contract

    Section 9 of the Protection of Employees 2003 provides inter alia that an employer cannot have two or more fixed term contracts where the aggregate duration is greater than four years unless there are objective grounds for the renewal.
    IrelandEmployment and HR
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    When An Employee Joins The Competition

    Where an employee leaves to compete against the employer there are four possible causes of action the employer could seek to rely upon.
    IrelandEmployment and HR
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister
  • Article

    The Financial Services Ombudsman

    The office of the financial services ombudsman (hereinafter FSO) was created by the Central Bank and Financial Services Authority of Ireland Act 2004 which inserted sections into the Central Bank Act 1942 (hereinafter the Act of 1942).
    IrelandFinance and Banking
    Stephen O'Sullivan, Barrister
    Stephen O'Sullivan, Barrister

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